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(영문) 인천지방법원 2016.03.25 2016고정333
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to conduct a motor vehicle management business shall meet the registration standards and register with the head of the relevant Gu.

Nevertheless, the defendant did not register his/her automobile management business but started from March 2015.

5. From the date of February 27, 200 to the second floor office of the building of the building of the Bupyeong-gu Incheon Metropolitan City, 4 such as D, registered as the business employee, and E, etc., registered as the business employee, which had not been registered as the business employee, operated a motor vehicle management business by having 19 persons, including, but not limited to, the company, etc., write down a vehicle sales letter on the Internet's trading site and sell a heavy vehicle to those who reported and found the writing.

Accordingly, the defendant did not register with the head of Bupyeong-gu Office, and conducted a motor vehicle management business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation record on D, F, G, H, I, J, K, L, M, N, E, P, Q, R, and S;

1. Statement made by the police against T;

1. The City/Do head who requests cooperation in investigation and the City/Do head who requests cooperation in investigation;

1. Application of Acts and subordinate statutes to the sales or purchase of unregistered used cars; and

1. Article 79 Subparag. 13 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Articles 53(1) and 53(1) of the same Act regarding criminal facts; the choice of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment: The defendant did not have any record of being punished for the same kind of crime; the period of business without registration is a short period; and the place of business in this case was closed.

The crime of this case was committed not only because it disturbs the order of the sales market of used cars, but also caused damage to the vehicle purchaser, but also was employed by a number of employees and operated a business. The crime of this case is deemed to have been committed on a significant scale of profit.

The age, environment, and age of the defendant;

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