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(영문) 부산지방법원 2016.03.24 2015고정3444
자동차관리법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

(a) Any person who takes over a registered automobile shall apply for the registration of transfer of ownership to the competent authority;

The Defendant, at around September 24, 2014, received from a loan company’s office of Busan Dongdong-gu D building and the “E” office of Defendant’s operation (hereinafter “E”), at KRW 4.5 million from F, and at KRW 4.5 million from Gland Lone Star under F’s name, did not file an application for the registration of transfer of ownership of the said automobile without justifiable grounds.

(b) Where a transferee of an automobile intends to transfer it to a third party, he shall make a transfer registration of ownership in his name before transferring it;

In December 9, 2014, at around 14:00 on December 9, 2014, the Defendant received 4.2 million won from the next H and transferred the said automobile to that person without making a transfer registration of ownership for the automobile that he acquired as above.

2. Article 12(1) of the Automobile Management Act, which applies to the facts charged in the instant case, provides, “A person who acquires an automobile by transfer shall file an application for the registration of transfer of ownership with the Mayor/Do governor, as prescribed by Presidential Decree.” Article 81(2) of the Automobile Management Act provides, “A person who fails to file an application for the registration of transfer of ownership without any justifiable reason, in violation of Article 12(1) of the Automobile Management Act, shall be punished.” Article 12(3) of the Automobile Management Act provides, “Where a person who acquires an automobile again intends to transfer the automobile to a third party, he/she shall make the registration of transfer as prescribed in paragraph (1) in his/her own name before the transfer, in violation of Article 12(3) of the Automobile Management Act.” Article 80 subparag. 3 of the Automobile Management Act provides, “A person who has transferred the automobile again to a

On the other hand, the Decree on Automobile Registration is the type of automobile registration, along with the registration of transfer under Article 12 of the Automobile Management Act, and the Act on Mortgage on Motor Vehicles and Other Specific Movables (hereinafter “Motor Vehicle Mortgage Act”).

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