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(영문) 서울중앙지방법원 2018.05.24 2018고정755
자동차관리법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Where a person who has acquired an automobile in violation of the Automobile Management Act intends to transfer it again to a third party, he/she shall make an application for ownership transfer registration in his/her name

Nevertheless, on September 2012, the Defendant acquired the said vehicle from C to a person registered in the name of B rocketing car and operated it, and transferred the said vehicle to D without filing an application for ownership transfer registration in the name of the Defendant on November 201, 2012.

2. For the purpose of uttering to transfer the said vehicle to D, the Defendant forged another person’s document concerning rights and obligations by arbitrarily preparing a written waiver of the said vehicle in the name of C, which would give up the ownership of the said vehicle if he/she is unable to repay his/her obligation to the said vehicle (90 million won) due to standing in the F used vehicle complex located in Seo-gu, Seo-gu, Seoyang-gu, U.S., Seoyang-gu, Busan, on November 2012.

3. The Defendant, at around November 2012, received KRW 9 million from D, and sent the said vehicle to him/her, and exercised the said investigation document by submitting a written waiver of the vehicle in the name of forged C, as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G or D;

1. Statement made by the police against C;

1. Letter of vehicle abandonment, motor vehicle registration certificate, and motor vehicle registration information certificate;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the date of purchase of vehicles);

1. Article 80 Subparag. 2 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Article 12 Subparag. 3 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Article 231 of the Criminal Act (amended by Act No. 231), Articles 234 and 231 of the Criminal Act (amended by Act No. 13686, Dec. 29, 201); each selective fine, etc.

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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