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(영문) 청주지방법원 2017.07.06 2017고정206
자동차관리법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Any person who has acquired a registered motor vehicle shall file an application for the registration of transfer of ownership with the Mayor/Do Governor within 15 days, as prescribed by Presidential Decree;

Nevertheless, on April 2014, the Defendant: (a) in the Incheon Seo-gu Apartment apartment complex in Seo-gu, Incheon, Seo-gu, Incheon; (b) acquired the said car with KRW 6.8 million; and (c) did not apply for the registration of transfer of ownership within 15 days without justifiable grounds.

2. Where a transferee of an automobile intends to transfer it to a third party, he shall apply for the registration of transfer of ownership in his name before transferring it;

Nevertheless, the defendant did not make a transfer registration under the name of the defendant as mentioned in the above 1, but received 7 million won in the street around the office of Kucheon-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu and transferred it to D on May 7, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements concerning D in the suspect examination protocol of the police;

1. Investigation reports (Investigation into E), internal investigation reports (Investigation into the nominal owner of a vehicle), investigation reports (in the face of 70 million won), investigation reports (in the face of 70 million won), and investigation reports (in the face of the date of crime);

1. Application of a copy of motor vehicle registration certificate and Acts and subordinate statutes of the motor vehicle registration ledger;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparagraph 2 of the Automobile Management Act, 12 (1) of the selective punishment, and Articles 80 and 80 subparagraph 2 of the Automobile Management Act, and Article 12 (3) of the Automobile Management Act (a third party's transfer of a vehicle with unpaid registration of transfer), and selection of fines, respectively;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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