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(영문) 수원지방법원 안산지원 2016.02.25 2015고단4140
자동차관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to conduct a unregistered motor vehicle management business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Construction and Transportation of the National Land;

Nevertheless, on April 16, 2015, the Defendant, without registering a motor vehicle management business, acquired the BMW passenger car from a person in an infinite name via “B”, which is a prompt-name trading site, at KRW 7.5 million, and transferred it to D 16.5 million in early June 2015, as shown in the list of crimes in the attached Form, and operated a motor vehicle sales business without registering 16 times in total from the police officer of December 2013 to the first police officer of June 2015.

2. Where a person who has acquired a third party unregistered motor vehicle again intends to transfer it again to a third party, he/she shall file an application for registration of transfer in his/her name with the Mayor/Do Governor before transferring it, as prescribed by Presidential Decree;

Nevertheless, on April 16, 2015, the Defendant purchased the BMW car from a person who is not his/her name due to the 'B', "B" and transferred it to a third party without making a transfer registration in the name of the Defendant, on June 2015, without making a transfer registration in the name of the Defendant. In addition, on June 16, 2015, the Defendant transferred it to D 16,500,000 won in the vicinity of the Hasan-si Station located in the Gu of Ansan-si, Ansan-si, Annsan-si, and as indicated in the list of crimes in the attached Table, purchased the Bab car from December 12, 2013 to June 2015, and transferred it to a third party without making a transfer registration in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning D a copy of each protocol concerning the examination of suspect;

1. Report of investigation (the photograph found from the seized Nohbuk), report of investigation (the photograph restored from the DNA phone), and written statement of the judgment; and

1. Application of Acts and subordinate statutes on images of each photograph;

1. Article 79 Subparag. 13 of the Automobile Management Act, Article 53(1) of the Motor Vehicle Management Act (hereafter “unregistered motor vehicle trading business”) concerning criminal facts, and Articles 80 Subparag. 2 and 12 of the Motor Vehicle Management Act.

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