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(영문) 서울남부지방법원 2018.08.17 2018고정168
자동차관리법위반
Text

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

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

Reasons

Criminal facts

Any person who intends to conduct a motor vehicle sale business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, the Defendant, in collusion with B, purchased 5,300,000 G rocketing vehicle from F at the office in Sungnam-si building and D’s Seongbuk branch office around July 3, 2014, and sold 5,30,000 G rocketing vehicle from F. From July 3, 2014 to May 15, 2015, the Defendant purchased a total of 64 vehicles without registration of automobile trading business, and sold it to a third party without the procedure of transfer of the name.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Copy of the protocol concerning the examination of suspect B by the prosecution; and

1. A protocol concerning the suspect B of the police;

1. List of crimes committed jointly by the persons who are under guard B or A carless trading business;

1. 56 Chapters 56 and 8 of title transfer contract documents and the application of Acts and subordinate statutes to be submitted additionally;

1. Article 79 Subparag. 13 and Article 53(1) of the former Automobile Management Act (Amended by Act No. 13089, Jan. 28, 2015); Article 30 of the Criminal Act; the selection of fines, and the selection of fines, pursuant to Article 30 of the Criminal Act,

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the Defendant’s assertion under Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit

1. The Defendant had no registered automobile trading business in collusion with B.

The Defendant did not know that the act of taking over an automobile from F was illegal.

2. Determination

A. At least two co-offenders who are jointly engaged in a crime do not require any legal penalty, but only two or more persons conspired to commit a crime and to realize the crime, and there was no process of the whole conspiracy.

(b)if any;

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