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(영문) 수원지방법원 여주지원 2018.04.18 2018고단160
건설기계관리법위반
Text

Defendant

A Imprisonment for eight months, each of the defendants B and C shall be punished by a fine of eight thousand won.

Defendant

B and C above.

Reasons

Punishment of the crime

1. Where a defendant A construction machinery dismantlement and recycling business operator receives a request from a person who owns the construction machinery to dismantle the construction machinery, he/she shall accept the relevant construction machinery and its registration number plate and issue documents evidencing the fact, and shall not issue false construction machinery;

Nevertheless, the Defendant, in collusion with B, etc. while engaging in the business of dismantling and recycling construction machinery in E in collusion with B, etc., in order to obtain a request for the dismantlement of construction machinery from the borrower, etc., the Defendant prepared a false construction machinery acquisition certificate, a construction machinery registration ledger, a borrower’s seal imprint, or a certified copy of the borrower’s resident registration certificate, etc. as if he acquired the relevant construction machinery, and received a certain amount of money in return.

Accordingly, on December 24, 2013, the Defendant received a request for the dismantlement of construction machinery from the owner of Gkn-kak's office, in collusion with B, and issued a false construction machinery dismantlement certificate as if he acquired the said vehicle from F, even though he did not have acquired it, in collusion with B.

From that time until May 11, 2016, the Defendant issued a false certificate of takeover of construction machinery over 29 times, as shown in attached Table 1, from that time, from that time until May 1, 2016.

2. Upon receipt of a request from the owner of construction machinery to dismantle the construction machinery, Defendant B construction machinery recycler shall accept the relevant construction machinery and its registration number plate and issue documents evidencing the fact to the owner, and shall not issue false construction machinery;

Nevertheless, the Defendant, in collusion with A who runs the business of dismantling construction machinery in E in collusion, will transfer to A documents, such as a construction machinery registration certificate, the construction machinery registration ledger, the borrower's seal impression, or a certified copy of the borrower's resident registration.

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