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(영문) 서울동부지방법원 2014.11.19 2014고정1514
자동차관리법위반
Text

Defendant

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

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Any person who takes over a motor vehicle registered by Defendant A shall file an application for the registration of transfer of ownership with the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, at around 19:30 on March 15, 2014, the Defendant acquired the Efranchi-XG car from D Co., Ltd. from 1850,000,000 won around the end point of 588 in the Gangseo-gu Seoul Metropolitan Government Seocheon-dong, and did not file an application for the registration of ownership transfer without justifiable grounds.

2. Defendant B is an employee who is in charge of the sale and management of used cars in Seongdong-gu Seoul Metropolitan Government, Seongdong-gu and 104 (G).

Around September 2013, the Defendant: (a) delivered the said car to H without registering the transfer of ownership; and (b) transferred the said car to a so-called “large-type vehicle” as the said car was transferred by transfer; (c) not only requires a long-term time to register the transfer of ownership or recover the vehicle in accordance with the normal procedure but also is not easy to file a complaint or a petition against the final holder of the said car that was transferred by transfer according to the sales contract; (d) on the other hand, when filing a vehicle theft report with the police, the Defendant used the said car to promptly collect the said car or register the transfer of ownership by finding the final holder by promptly taking advantage of the fact that the buyer H or the final holder of the said car was exposed to the theft suspicion and was subject to criminal punishment.

Accordingly, around June 12, 2014, the Defendant appeared in the answer box of the Seoul Seongdong Police Station and stolen the Eran XG car from Seongdong-gu Seoul from June 12, 2014 to 14:00.

“The vehicle theft report” prepares a vehicle theft report with the same purport, and the car franchising is made under the state of “I franchising.”

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