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(영문) 서울남부지방법원 2015.08.12 2015고단1607
자동차관리법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

D is a person who has purchased and sold so-called "sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-de

The Defendant and D conspired to run the large franchise distribution business together with D in a way that they receive 50% of the profits accrued when selling the large franchise, with D's proposal from D that they would give half of the profits if they want to receive funds necessary for the large franchise distribution.

On October 13, 2011, the Defendant received a request from Songpa-gu Seoul Metropolitan Government to transfer the purchase price of 13 million won from D, and the Defendant’s mother remitted KRW 13 million from the national bank account in F to the corporate bank account in the name of D to the corporate bank account in the name of D, and D occupied, transferred or traded without registration at that time, without going through the normal procedure for transfer of ownership, and then, the actual driver and the registered titleholder purchased, i.e., the substitute car, and sold it again to a third party.

In addition, from around that time to February 28, 2014, the Defendant remitted 1,386,80,000 won in total to D via 153 times, as shown in the attached list of crimes, from around that time, to February 28, 2014, and received KRW 1,67,343,750 in total from D.

Accordingly, the defendant and D conducted automobile transaction business without registration in collusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to investigation reports (related to details of account transactions with AD of a suspect);

1. The act of trading an automobile without the registration of the automobile management business, which does not have the normal transfer registration of reasons for sentencing imprisonment, under Article 79 subparag. 13 and 53(1) of the Automobile Management Act concerning criminal facts, Article 30 of the Criminal Act, and Article 79 of the Act on the Management of Motor Vehicles which choose a sentence

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