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(영문) 부산지방법원 2017.11.24 2017고단4823
자동차관리법위반방조
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Seized evidence No. 17 shall be forfeited from the defendant.

Reasons

Punishment of the crime

A person who intends to carry on the same automobile maintenance business and automobile dismantling and recycling business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

However, as illegal possession and transactions are conducted without following the procedure for transferring the name of the joint law and the actual owner of the vehicle takes over another vehicle, i.e., a part of the motor vehicle dealer who sells the "one-time vehicle" to the actual owner of the vehicle and transfers the acquired vehicle to the purchaser without registering the transfer in his/her name, while running the motor vehicle trade business without registering with the head of the Si/Gun/Gu.

In the facts charged, the defendant's conspiracy relation with "nameless accomplice" is written in the indictment, but Article 30 of the Criminal Act applies to the indictment, but the crime of aiding and abetting is established by facilitating a motor vehicle management business without registration of a criminal. Even if a person other than the defendant operated the above site jointly, it is difficult to recognize the concept of common principal offender between the defendant and the defendant, and it is difficult to recognize the concept of the defendant's joint principal offender, and it does not interfere with the defendant's exercise of his/her right to defense on the ground that the public conspiracy relation with "nameless accomplices" or Article 30 of the Criminal Act

As such, it was done by the above.

“I” Internet site (J) is set up and run an advertisement by using the content of the site that is for vehicles difficult to transfer, such as seizure car, low-party car, and establishment car, on the Internet portal site, etc., such as the relevant search. The above site is a “accident-friendly counseling,” “purchase of open vehicle at issue,” “free consultation for suspension of driving,” “purchase of the highest price of vehicle at issue,” “purchase of the highest price of vehicle at issue,” “50 highest price of any car at issue,” “purchase,” and “free resolution,” respectively.

The transaction between unregistered car dealers, such as “,” etc. is related to the tea transaction.

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