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(영문) 서울북부지방법원 2015.10.02 2015고정1231
자동차관리법위반
Text

Defendant

B shall be punished by a fine of 70,000 won.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

[criminal record] Defendant A was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the Goyang Branch of the Central District Court on September 11, 2013, and the judgment became final and conclusive on January 14, 2014.

【Criminal Facts】

1. Where the person who has acquired the motor vehicle jointly used by the defendant A and D intends to transfer it to a third party, he/she shall register the transfer of the motor vehicle in his/her name before transferring it;

Nevertheless, on July 24, 2012, D purchased a F-ro passenger car in the name of 3 million won in the name of 'F-ro' from a used car on which the name in Dongdaemun-gu Seoul Metropolitan Government is unknown and operated without making a transfer registration to the competent Mayor/Do governor.

Defendant

A around October 2, 2012, around October 2, 2012, intended to sell the said vehicle to D himself/herself, and D around October 3, 2012, brought the said vehicle to a restaurant parking lot near the new world department store located in the Dong-dong Government-si, Do Government-si, and transferred the said vehicle to A without the transfer of the name of the vehicle.

Defendant

A driving the said vehicle in the vicinity of the H station located in G at the Government of the Republic of Korea, and transferring it to B after receiving KRW 2.5 million, D paid the remainder of the vehicle sales price of KRW 2,00,000,000 except for its brokerage fees.

As a result, D and Defendant A did not register the ownership transfer of automobile in their own name and transferred the vehicle to a third party.

2. Defendant B

(a) Any person who takes over an automobile registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership;

Nevertheless, Defendant B made a transfer registration of ownership of a motor vehicle without justifiable cause from November 21, 2014 to November 21, 2014, by paying KRW 2.5 million for a passenger car in F in the name of the International Oralto, as described in paragraph 1, in the vicinity of the House of Government in the House of Government around October 3, 2012.

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