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(영문) 광주지방법원 순천지원 2016.03.30 2015고단1629
자동차관리법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is serving as company members in LG chemical B factories.

The defendant is a person who has purchased E-U-A6 car owned by the Bank of Korea Co., Ltd. (the representative director D, the current status of closure).

A person who takes over a registered motor vehicle shall file an application for the registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor within 15 days from the

Nevertheless, on June 2014, the Defendant acquired the said vehicle from the street in front of the office of the Gyeonggi-si in Gyeonggi-do, which was operated by D, and operated the vehicle without filing an application for the registration of transfer of ownership until July 6, 2015.

2. The defendant's assertion that he lent approximately KRW 700 million to C representative director D several times, but only received the instant vehicle for the purpose of securing the claim because he/she did not pay it continuously, and he/she did not acquire the said vehicle.

3. With regard to the registration of automobile, the registration of transfer under Article 12 of the Automobile Management Act as the type of the registration of automobile, along with the registration of transfer under Article 12 of the said Act as well as the registration of mortgage under the said Act (Article 3 of the Automobile Mortgage Act). There is distinction between the acquisition of an automobile by intention of ownership and the acquisition by intention of mortgage security. Article 9 of the Automobile Mortgage Act provides that an automobile shall not be the object of a pledge right, but there is no stipulation as to the validity of a juristic act in violation of this provision or its punishment, and if it includes the acquisition by transfer for bond security in the concept of “number” as provided in Article 12(1) of the Automobile Management Act, it goes against the legal language and substance relationship rather than the owner of the automobile, and the defendant shall have the automobile owned by the defendant and the charge charged by changing it for the purpose of collecting credit against the said D.

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