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(영문) 창원지방법원 2015.05.27 2015고단824
자동차관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Where a person who has acquired an automobile intends to transfer it to a third party, he/she shall make a registration of transfer of automobile ownership in his/her name.

Nevertheless, the Defendant, on April 2010, purchased large-type vehicles (referring to vehicles without ownership transfer registration in the name of the actual owner of the vehicle) that are placed in the direct trade site of the used vehicle called “D”, “E”, and purchased large-type vehicles from the proceeds of sale, and acquired large-type vehicles without ownership transfer registration in the name of the Defendant. In order to sell it with certain profits attached to F and G without ownership transfer registration in the name of the Defendant.

On April 25, 2010, the Defendant did not transfer the ownership in the name of the Defendant to the Busan Bank account in the name of the Defendant, and transferred the amount of KRW 4,701,700 from that time to September 19, 2014, the Defendant received KRW 239,058,50 in total from the Busan Bank account in the name of the Defendant from September 10, 2014 to the Busan Bank account in the same manner as shown in the annexed crime list.

Accordingly, the defendant acquired the automobile and transferred it to a third party without making a transfer registration of ownership in his name.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police against F;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on internal investigation (A-F details of financial transactions), report on internal investigation (A-F statement of monetary transactions), report on internal investigation (a-F statement of receipt and reception of text messagess between A-F), investigation report (financial transaction details-sale of vehicles and vehicles);

1. Article 80 subparagraph 2 of the Automobile Management Act and Article 12 (3) of the same Act concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under the Criminal Act;

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