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(영문) 전주지방법원 군산지원 2020.05.08 2019고정329
자동차관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

A person who takes over a registered motor vehicle shall file an application for registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor within 15 days.

Nevertheless, the Defendant acquired a 10 million won-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes, such as a comprehensive commercial paper, output copy, output copy of motor vehicle register, motor vehicle registration certificate, power of attorney for transfer of motor vehicle

1. In light of the relevant criminal facts and Articles 81 subparag. 2 and 12(1) of the Automobile Management Act’s choice of punishment [the Defendant is merely a person who has acquired the right to a motor vehicle for the purpose of securing claims, and thus does not constitute a “person who has acquired the motor vehicle” as provided by Article 12(1) and (3) of the Automobile Management Act, according to the records, the Defendant received the vehicle at the time of September 2017 and received the delegation letter of automobile transfer, the vehicle transfer consent letter and the vehicle registration certificate, etc. prepared by C, and the Defendant purchased the automobile in his own name and operated the said vehicle for two years from the time it was discovered, and the Defendant stated to the effect that he was unable to transfer the ownership due to taxes and penalties seized by the investigative agency, it is reasonable to deem that the Defendant acquired the instant motor vehicle. (A) Even if there is room to deem that the Defendant initially received the instant vehicle as a collateral for transfer, the Defendant intends to return and recover the instant vehicle after the maturity of the obligation.

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