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(영문) 대전지방법원 2018.01.31 2016고단3716
사기등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

Reasons

Punishment of the crime

Defendant A was sentenced to ten months of imprisonment with prison labor for special larceny, etc. at the Cheongju District Court on August 13, 2014 and completed the execution of the sentence at the Cheongju detention house on October 19, 2014.

Defendant

B was sentenced to five years of imprisonment on September 5, 2008 by Suwon District Court for robbery, etc., and the execution of the sentence was terminated at the Daejeon District Court on March 6, 2013. On November 25, 2015, the judgment was finalized on December 3, 2015 after having been sentenced to six months of imprisonment for a violation of the Automobile Management Act at the Suwon District Court’s Suwon District Court’s Suwon District Court’s imprisonment on September 1, 2016, and the judgment became final and conclusive on February 9, 2017.

Criminal facts

1 Defendant A

(a) A person who takes over a registered motor vehicle shall file an application for registration of transfer of ownership with the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, on November 2014, the Defendant received from a person who was unaware of his name in front of the Japanese New Trading Complex located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon (hereinafter “the instant car”), but did not file an application for the registration of transfer of ownership of a motor vehicle without justifiable grounds.

(b) Where a transferee of an automobile intends to transfer it to a third party, he shall make a registration of transfer in his name before transferring it;

Nevertheless, on January 2015, the Defendant transferred the instant car that was acquired in front of the Bupyeong-dong, Seo-gu, Daejeon around the end of January, 2015, without making a transfer registration under the name of the Defendant, and received KRW 3 million from the person who was dissatisfy in name.

2. Defendant A and Defendant B’s joint criminal act (Violation of the Resident Registration Act) attempted to purchase the automobile insurance without the transfer registration even after having taken over the instant vehicle as set forth in the above No. 1-A. However, it is possible for the said insurance company to obtain D’s consent from the person in the name of the vehicle.

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