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(영문) 인천지방법원 2018.10.05 2018고정1870
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall conduct a motor vehicle management business, such as motor vehicle trade business, without registering with the head of a Si/Gun/Gu in accordance with the registration standards for the motor vehicle management business.

Nevertheless, while the Defendant was working as a middle and high sea with no registration of the said car management business, around January 28, 2018, the Defendant carried out business activities for arranging the sale of vehicles, such as recommending D, who reported and found the sales advertisement of used cars by the Defendant, to purchase 10,500,000 won of 10,000 U.S. 10,000.

Accordingly, the defendant was engaged in automobile trading business to the competent authorities without registration in accordance with the registration standards for automobile management business.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Written complaint (including attached documents);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to a suspect A and transfer), investigation report (to hear statements by grandchildren E who are a specific-related complainant, the defendant's lawsuit);

1. Article 79 of the relevant Act concerning criminal facts, Article 79 of the Automobile Management Act and Article 53 (1) of the same Act concerning the selection of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant is not a motor vehicle management business operator, since he is a trade member belonging to F Co., Ltd. F (hereinafter "F"), and is not a motor vehicle management business operator.

2. Determination

(a) A motor vehicle dealer shall, when he/she employs a trader, receive the certificate of motor vehicle dealer from the federation of the motor vehicle trade association and have him/her wear it during the business period, and where the employment relationship with the trader is terminated, he/she shall promptly return the certificate of the trader to the motor vehicle trade association federation of the motor vehicle trade association (the Enforcement Rule of the former Motor Vehicle Management Act (the same shall apply).

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