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(영문) 수원지방법원 안양지원 2018.06.14 2017고정895
자동차관리법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 3, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the support for the development of the Suwon method and the defendant was finally decided on March 15, 2018.

Any person who takes over a motor vehicle shall apply for the registration of transfer of motor vehicle ownership to the Mayor/Do Governor, as prescribed by Presidential Decree.

Nevertheless, the Defendant did not file an application for the registration of transfer of ownership of a motor vehicle without justifiable grounds when he/she received the Esch Rexroth GS 430 car volume owned by C, such as D, from the Suwon-si around October 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. The criminal place (the defendant and his defense counsel did not know that D was the nominal owner at the time when the defendant purchased and delivered the instant vehicle from C, and thereafter filed an application for the registration of transfer of the vehicle, but failed to file an application for the registration of transfer because C and D failed to receive the nominal transfer-related documents from C and D, so the defendant did not file an application for the registration of transfer of vehicle ownership.

A person who takes over an automobile registered in accordance with Article 12(1) of the Automobile Management Act and Article 26(1)1 of the Decree on the Registration of Automobiles shall apply to the Mayor/Do Governor for the registration of transfer of ownership of the automobile within 15 days from the date of taking over the automobile. Article 81 Subparag. 2 of the Automobile Management Act provides that a person who fails to apply for the registration of transfer of ownership of the automobile without any justifiable reason shall be punished. This is for the purpose of suppressing the occurrence of other vehicles by the owner on public register and the actual owner of the vehicle, and the obligation is not completed if there are justifiable reasons.

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