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(영문) 인천지방법원 부천지원 2017.04.19 2017고정234
자동차관리법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was a seller of used cars belonging to the trading company of “C” in Bupyeong-si Complex B.

Where a motor vehicle dealer advertises a motor vehicle via the Internet, he/she shall post the matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as the history of the motor vehicle and seller information, and shall not provide it in a false manner

Nevertheless, in around 2016, the Defendant advertised a motor vehicle on the Internet N.V. Rober B, and without confirming the price, entered “1,480,000 won” the price of the motor vehicle into the mobile phone number published in the purchase inquiry as if the mobile phone number in the name of D other than the suspect was the mobile phone number of the seller, and provided the automobile history and the seller information falsely.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. Application of Acts and subordinate statutes, such as data for advertisement closure;

1. Article 80-7-2 of the Automobile Management Act and Articles 58 (3) of the same Act concerning facts constituting an offense, and Articles 80-7 and 58 of the same Act concerning the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) recognizes and reflects the Defendant’s mistake.

There is no same criminal history.

At present, it was withdrawn from C.

In addition, the frequency of advertisements, the punishment shall be determined by comprehensively taking into account the conditions of sentencing indicated in the records, such as the defendant's profits, the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc.

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