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(영문) 인천지방법원 2014.04.29 2014고정972
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Any person who is taken over an automobile registered with the unpaid part of the ownership transfer registration after taking over the automobile, shall apply for the registration of ownership transfer to the competent authorities;

Nevertheless, around August 10, 2013, the Defendant purchased DMW 528i motor vehicles from C in front of the Jindong-dong, Gangnam-gu, Seoul, with a view to failing to file an application for registration of transfer of the ownership of a motor vehicle without justifiable grounds, even though it purchased DM 528i motor vehicles from C in front of Ginia.

2. In case where the person who has taken over the transferred part of an automobile after the unpaid registration of ownership transfer intends to transfer it again to a third person, he shall make the registration of ownership transfer to the competent authorities in his name before transferring it;

Nevertheless, around August 11, 2013, the Defendant received KRW 1,30,00 from E and transferred the said DMW 528i motor vehicle purchased as above on the roads near Bupyeong-gu Incheon Bupyeong-dong 296-2, Bupyeong-gu, Incheon, without making a transfer registration under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning each of the police suspects against the accused, F, and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 81 subparagraph 2 of the relevant Act concerning facts constituting an offense, Article 81 subparagraph 2 of the Motor Vehicle Management Act, Article 12 (1) (which means that a person fails to perform the registration of transfer at the time of acquisition), Article 80 subparagraph 2 of the aforesaid Act, Article 12 (3) (which means that a third party who fails to perform the registration of transfer)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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