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(영문) 의정부지방법원 2013.06.28 2013노268
자동차관리법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below rendered a verdict of innocence despite the fact that the defendant has a public contest relationship with C in relation to the facts charged in this case. Thus, there is an error of mistake of facts.

2. Summary of the facts charged in this case

A. Violation C of the Automobile Management Act shall be the actual operator of the “FF Motor Vehicle Transaction Business Co., Ltd.” located in E when two weeks are registered as one of its shapes D, and a motor vehicle management business operator shall not receive money or other illicit acts related to the business in question.

Nevertheless, the Defendant conspired with C on January 25, 2008, upon receiving the request for the transfer of the name of G Dokdo car from the person without the name, and C received the registration certificate from the Defendant, and then prepared an application for the transfer registration, etc. as if the actual sale was made, and submitted it to the two-way viewing vehicle registration system, and submitted it to the two-way viewing vehicle registration system to register the transfer of ownership as to the said automobile D. The Defendant delivered 150,000 won to C in return for the delivery of the money to the Defendant. By March 27, 2008, the Defendant received unjust money and valuables, such as the transfer of ownership registration by the same method as the list of crimes (1) in the attached Form of the judgment of the lower court from March 27, 2008, and receiving approximately KRW 23250,000 in return.

B. The Defendant in collusion with C, in the absence of a purchase of the said G leledo car from the person in the name of the above. On January 25, 2008, although there was no purchase of the said G leledo car, C made a false purchase contract, application for registration of transfer, etc. concerning the said car necessary for registration of transfer on or after January 25, 2008, and made it recorded as D owned by the official electronic records in the vehicle registration computer book.

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