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(영문) 서울중앙지방법원 2017.02.03 2016고합448
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Where a transferee of an automobile intends to transfer it to a third party, he/she shall make a registration of transfer of ownership of automobile in his/her name before transferring it.

Nevertheless, on October 28, 2014, the Defendant transferred the said car to a buyer who was unable to know his name without filing a transfer registration of ownership in a place below Gangseo-gu Seoul Metropolitan Government, on December 4, 2014, when the Defendant was operating D A6 car from C for KRW 19,30,000,000.

Accordingly, the defendant acquired the automobile and transferred it to the third party without transferring the ownership of the automobile in his name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to C (second time) and suspect examination protocol;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register, and Deposit Transaction Record Certificate (Evidence List 73,155);

1. Article 80 Subparag. 2 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015) and Article 12 Subparag. 3 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015) concerning criminal facts;

1. Reasons for sentencing prescribed in Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Whether to apply the sentencing criteria: An offense for which the sentencing criteria have not been set and has been selected as a fine, the sentencing criteria shall not apply;

2. Determination of sentence: A fine of KRW 3 million was transferred to a third party without the transfer registration of ownership by the defendant.

Therefore, the purpose of the Automobile Management Act was to prevent the mass production of large-scale large vehicles that are highly likely to be used in various illegal or unlawful acts.

The defendant acknowledges, reflects, and does not reach a second offense.

In addition, various factors of sentencing, such as character, environment, criminal record, motive and circumstance of the crime, means and result of the crime, etc., shall be comprehensively considered.

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