208 Highest 3273 Violation of the Automobile Management Act

1. Al (69 years old, South Korea);

2. A2 (67 Years, Residuals) import certification agency;

Han Dong-hun

Law Firm Macro (the private ship for Defendant A1)

Attorney Kim Jong-chul in charge

Law Firm Cheongn Law Firm (private ships for Defendant A2)

Attorney Park Gyeong-soo

August 26, 2008

Defendant A1 shall be punished by imprisonment with prison labor for six months, and by imprisonment with prison labor for four months. 78 days of detention prior to the pronouncement of this judgment shall be included in the above sentence against Defendant A1, and one day of detention in the above sentence against Defendant A2.

However, the execution of each of the above punishment against the Defendants shall be suspended for two years from the date this judgment became final and conclusive. Defendant A1 shall be ordered to provide community service for 40 hours.

Criminal History Office

On December 28, 2007, Defendant A1 was sentenced to a two-year suspended sentence of imprisonment for fraud at the Daejeon District Court on December 28, 2007, and the above judgment became final and conclusive on January 5, 2008. Defendant A2 operated an importing tea certification agency from December 2003.

피고인 A1은 2005. 10.경 중고차 딜러인 B로부터 C가 2005. 7. 13. 서울강남경찰서에 도난신고를 하고 주식회사 E화재로부터 보험금 71,677,190원을 수령한 속칭 '보험 작업차'인 벤츠 E320 승용차(차대번호 XXXXXXXX)를 13,000,000원에 구입한 후 폐차 직전의 동일 차종의 부품차를 헐값에 수입해 수입차의 차대표기를 위 보험작업차에 이식하여 정상차량 등록하기 위하여 2005. 9.경 평소 알고 지내는 중고자동차 수입딜러인 D에게 26,000,000원을 교부하고 동일 차종의 부품차 수입을 부탁하였다.

On November 22, 2005, the above D imported one of the parts of the vehicle immediately preceding scrap E320 (number yyyyyyyyyyyyy) from the United States, which are the same type of vehicle as the above insurance vehicle, and asked the defendant A2 who operates the increased company in the wife population to forge the next representative machine.

Accordingly, Defendant A2 received KRW 2,00,000 from the above D at the above factory on January 2006, and was removed by using tools, such as the chassis number (xxxxxx), the framework part of the frame of the car e320, the above insurance operation vehicle E320, and then added the frame, which was removed from the above import vehicle, into the frame where the chassis number (yyyyyyyyyyy) was newly added at the above import vehicle, and exchanged the tea representative in a way that was folded by the above method, in collusion with D, the Defendants forged the tea representative of the car e320 in the above way.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 78 subparag. 2 and 71(1) of the Automobile Management Act, Article 30 of the Criminal Act

2. Handling concurrent crimes (Defendant A1);

The latter part of Article 37 and the first sentence of Article 39 (1) of the Criminal Act

3. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Code

4. Suspension of execution;

Article 62 (1) of the Criminal Code (Article 62 (1) of the Criminal Code(Article 62 (1)(Article 62 (1)(Article 62 (1) of the Criminal Code(Article 62 (1)(Article 62 (1) of the Criminal Code(Article 62 of the Criminal Code)(Article 62 of the Criminal Code)

5. Social service order (Defendant A1);

Article 62-2 of the Criminal Act

Judges Kang Han-sung