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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

A person who intends to run a motor vehicle management business, such as motor vehicle maintenance business, shall register with the head of the competent Si/Gun/Gu.

Nevertheless, at around 15:00 on August 31, 2012, the Defendant, without being registered, provided various tools and equipment for maintaining vehicles at D places of business operated by the Defendant in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, with which the registration was cancelled for export, and instead requested maintenance to specialized maintenance business establishments that registered Hyundai MT 2.5t Cargo Vehicles for export, and operated automobile maintenance business by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article applicable to criminal facts and Articles 79 subparagraph 3 and 53 (1) of the former Automobile Management Act (amended by Act No. 11588, Dec. 18, 2012; hereinafter the same shall apply);

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

1. The defendant and his defense counsel asserts that the defendant's act does not constitute a motor vehicle management business, since the defendant and his defense counsel merely conducted the work of loading and exchanging old trucks for the motor vehicle export business operated by himself.

살피건대, 구 자동차관리법 제2조 제6호, 제53조에 의하면 자동차관리사업은 자동차매매업자동차정비업 및 자동차해체재활용업을 말하며, 같은 법 제2조 제8호, 같은 법 시행령 제12조, 같은 법 시행규칙 제131조, 제132조에 의하면 자동차정비업은 “판금, 도장, 용접이 수반되지 않는 차내설비 및 차체의 점검정비(다만, 범퍼본네트문짝휀다 및 트렁크리드의 교환을 제외한다.)” 등 위 시행규칙 제132조에서 정하는 작업을 제외한 자동차의 점검작업, 정비작업 또는 구조장치의 변경작업을...