(영문) 울산지방법원 2019.9.5.선고 2019고단1798 판결

Part II, one motor vehicle registration certificate (B) and one motor vehicle registration certificate (C), two resident registration cards (certified copies) and D driving.

Two copies of the license, two copies of the D resident registration card (Abstract), two copies of D, two certificates of D personal seal impression, one D cash storage certificate, and D,

1. A certificate of borrowing, a letter of consent to the operation of D vehicle, and a letter of consent to the possession and operation of the vehicle (written: E);

A letter of approval for operation, a vehicle waiver and a certificate of transfer of the name (OO), a certificate of business registration ( state)

one food company ○○) 1, 2 copies of a certificate of personal seal impression (OO) , 1 vehicle possession right and consent to operation (BO)

- 2 copies, a letter of performance of vehicle operation, and a letter of approval for the purchase of motor vehicle insurance and insurance management (livers);

two gold storage certificates (livers), one power of attorney (livers) and one loan certificate (livers) and five SKV cards;

64GB B B Track Nos. 1, 2, 8 through 11, 20, 21, 23 through 42 No. 1, 2, 23, 23, 42 of the annual list of seized articles.

c) be confiscated from the Defendant.

Reasons

Criminal facts

1. Violation of the Automobile Management Act;

A person who intends to run a motor vehicle management business shall register with the head of the Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, on August 30, 2018, the Defendant, without registering the motor vehicle management business, has been in possession of and without permission for the whole country, including * 00,00 - around April 2018, and the Defendant has been in possession of the motor vehicle without permission for the transfer of the legitimate name established around April 2018, and the actual driver and the nominal owner of the motor vehicle are in the site of mediating the difference between the driver and the nominal owner of the motor vehicle (www D. D.O.O. -O. c. o. - 5 * 90 - 9 - 10 - 5 - 9 - 9 - 1 - 6 - 9 - 1 - 9 - 1 - 6 - 9 - 1 - 9 - 9 - 9 - - 9 - 1 - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one...

2. An aid in violation of the Automobile Management Act;

A person who intends to run a motor vehicle management business shall register with the head of the Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, the Defendant, at around September 12, 2018, purchased 010 - 00 - 00 - 00 - 00 - 8 - * 3* * * * * * * * ? * ? ' on the △ site (www I. O. O. O. O. O.O. O.O.O.O.) in a large number of teas from 24:0 o. - 8 - * * * * 100 - 3 * * * * 1000 mp. advertisement of the above site by posting the above site to assist the above users in the sale and purchase of the off-site, without being aware of the fact that 300 times the above site was published by means of the public office with jurisdiction.

Accordingly, the defendant assisted the defendant to make the unregistered motor vehicle management business of the buyer in the name-free car.

3. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

누구든지 대부업을 하려는 자는 영업소별로 해당 영업소를 관할하는 관청에 대부업 등록을 하여야 한다 . 그럼에도 불구하고 피고인은 관할 관청에 대부업 등록을 하지 아 니하고 2018 . 9 . 3 . 경 충남 금산군 * * 읍 * * 길 00 ▦▦ 인근에서 650만 원을 빌려주면 서 월 30만 원의 이자를 지급받기로 하고 , 담보를 위하여 H호 카니발 승용차를 건네받 은 것을 비롯하여 그 무렵부터 2019 . 5 . 1 . 경까지 별지 범죄일람표 기재와 같이 총 3 회에 걸쳐 관할 관청에 대부업 등록을 하지 아니하고 채무자들에게 차량을 담보로 금 전을 빌려주면서 이자를 받기로 약정하여 대부업을 영위하였다 .

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 19(1)1, 3, and 19(1)1, and 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users;

Articles 79 subparag. 13 and 53(1) of the Eastern Management Act / [Selection of Imprisonment]

1. Mitigation and mitigation;

Articles 32(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act

1. Confiscation;

Article 48(1) of the Criminal Act

Reasons for sentencing

The defendant of this case, in establishing and operating the Internet medium-sized vehicle trading site, arranges each transaction, or posted another's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's '' on the above 's 's 's 's 's 's '' advertisement on the 's 's 's 's ',' and 's 's 's '' advertisement on the 's 's '', not good for the crime in light of the method and mode of crime, the frequency of crime and the frequency of crime, etc., but it is necessary to strictly punish the above crime as well as the 's 's 's 's 's 's 's 's 's ' 's ' 's ' 's ' 's ' 's '.