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(영문) 서울남부지방법원 2017.02.02 2016고정2350
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court and two years of suspended execution, and the said judgment became final and conclusive on December 5, 2015.

1. Around September 25, 2015, the Defendant paid KRW 2.9 million to C in KRW 4.14 of the Gangseo-gu Seoul Metropolitan Government building B, and received the D-A-Wn-Wn-Wn-Wn-Wn-Wed Motor Vehicle, but did not file an application for

2. On November 17, 2015, the Defendant paid KRW 3 million to C in the vicinity of the fire-prevention tunnel located in the Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone and received Espo-type car, but did not apply for the registration of transfer of the ownership of the said automobile even if he/she acquired Espo-type car.

Summary of Evidence

1. Statement by the defendant in court;

1. Each motor vehicle registration certificate;

1. Details of each account transaction;

1. Previous conviction in judgment: Application of a summary information inquiry of the case, and the text of the judgment;

1. Article 81 subparagraph 2 of the Automobile Management Act and Article 12 (1) of the same Act concerning facts constituting an offense and Articles 81 and 12 (1) of the same Act concerning the selection of punishment.

1. Handling concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Aggravation of concurrent crimes: former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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