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(영문) 대전지방법원 2014.11.13 2014고정1587
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Any person who has acquired a registered motor vehicle by transfer due to the failure to register the motor vehicle ownership of the defendant A shall file an application for the registration of transfer of ownership with the Mayor/Do Governor as prescribed by Presidential Decree;

The Defendant, around September 6, 2012, did not file an application for the registration of transfer of ownership of a motor vehicle without justifiable grounds, even though he/she purchased a motor vehicle from B with KRW 21 million and purchased a motor vehicle.

2. Where any person who has acquired an automobile violating the Automobile Management Act by transferring the Defendants’ automobile without having ownership registered intends to transfer it again to a third party, he shall make the registration of transfer of ownership of automobile to the competent Mayor/Do governor under his name before transferring it;

Nevertheless, on April 2013, the Defendants conspired to sell the said car to others without having the ownership transfer registration under Defendant A’s name.

On April 22, 2013, the Defendants conspired and transferred the said car to D without making a transfer registration in the name of the Defendant at a complex terminal located in the Dong-gu Daejeon-dong, Daejeon-gu, without making a transfer registration in the name of Defendant A.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol of E and A;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the motor vehicle register data;

1. Article 80 subparagraph 2 of the Motor Vehicle Management Act, Article 12 (3) of the same Act, Article 30 of the Criminal Act, Article 81 subparagraph 2 of the Motor Vehicle Management Act, and Article 12 (1) of the Motor Vehicle Management Act, the selection of fines concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth the crime.

In this context, considering all the circumstances such as the defendant's age, character and conduct, family type, and circumstances after the crime.

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