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(영문) 서울동부지방법원 2014.03.13 2013고단3481
자동차관리법위반
Text

Defendant

A Imprisonment for eight months, Defendant B and C shall be subject to a fine of 3,000,000 won, Defendant D and E shall be subject to a fine of 2,00,000 won, respectively.

Reasons

Punishment of the crime

1. Defendant A, Defendant B, Defendant C, Defendant D, and Defendant E are the representatives of the motor vehicle inspection stations within the State F designated maintenance businessman for comprehensive motor vehicle inspection; Defendant B is the regular manager of the said inspection station; Defendant C is the inspector of the said inspection station; Defendant D, and Defendant E are the inspector of the said inspection station.

Defendant

A directed the inspector to pass an inspection in order to increase the revenues from the inspection fees. Defendant B instructed the inspector to temporarily change the structure at the inspection site or to pass the inspection process to other inspectors. Defendant C stated that it is appropriate for the comprehensive judgment column of the motor vehicle inspection report of a vehicle that could not pass the inspection as a person in charge of inspection. Defendant D and Defendant E recorded the modified portion of the illegal structure and photographs for confirmation of the inspection. Defendant D and Defendant E recorded the comprehensive inspection of the motor vehicle in Seongdong-gu Seoul Metropolitan Government on August 16, 2013, the Defendants conducted the comprehensive inspection of the motor vehicle at the (ju) F motor vehicle inspection site located in Seongdong-gu Seoul Metropolitan Government on August 30, 2013.

From January 1, 2012 to September 30, 2013, Defendants conspired to conduct a regular inspection or comprehensive inspection by receiving the inspection fees of KRW 25,000, a regular inspection of KRW 10,000, and KRW 10,000, each unit of the comprehensive inspection as stated in the attached crime list from around January 1, 201 to September 1, 2013.

2. Defendant (State) F Defendant (State) as a designated maintenance provider for comprehensive motor vehicle inspection, the representative or employees of the legal entity A, B, C, etc. unlawfully conducted the comprehensive inspection and regular inspection of the motor vehicle as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of the suspect by the prosecution against the defendant A and B;

1. M, N,O, P, Q, R, T, U, V, X,Y, Z, AA, AB, AC, AD, AE, AE, AF, AH, and H.

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