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(영문) 창원지방법원 2015.07.23 2015고단1449
자동차관리법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Where a person who has acquired an automobile intends to transfer it to a third party, he/she shall make a registration of transfer of automobile ownership in his/her name.

Nevertheless, in around 2014, the Defendant acquired a large vehicle by the method of purchasing a large vehicle from the seller D, E, etc. of the passenger vehicle (referring to a vehicle, the ownership transfer of which is not made in the name of the actual owner of the motor vehicle) by the method of purchasing the large vehicle under the name of the Defendant, and sentenced the Defendant to sell the large vehicle with certain profits by inserting a notice on the sales of the large vehicle into the direct transaction website of the "F" without making a transfer registration in the name of the Defendant

On April 29, 2014, the Defendant received KRW 310,110,00 in total from April 29, 2014 to October 29, 2014 and transferred a total of 77 vehicles by receiving KRW 310,000 in total from April 29, 2014 to the Busan bank account, etc. in the name of the Defendant, without transferring ownership in the name of the Defendant, on the front of the Hanpo-gu National Bank located in the Busan National Bank of Korea, which was acquired through the above method, without transferring ownership of the vehicle under the name of the Defendant.

Accordingly, the defendant acquired the automobile and transferred it to a third party without making a transfer registration of ownership in his name.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Each report on internal investigation (including attached documents);

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

1. Article 80 subparagraph 2 of the Automobile Management Act and Article 12 (3) of the same Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act (Taking into account the reflection of gender and the absence of any history of criminal punishment);

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