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(영문) 대구지방법원 서부지원 2014.05.29 2014고단403
자동차관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

A person who intends to run a motor vehicle management business shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of

Nevertheless, the Defendant did not register a motor vehicle management business, from around December 2012 to March 2014, and occupied and traded without obtaining lawful procedures for transferring the names at the nationwide level, such as the Defendant’s residence located in Osan City, and then posted an advertisement on the Internet D website, which is a broker site for the "Spool" and the actual driver and the nominal owner of the registration, to purchase and sell “Spool car” or arrange the sale of “Spool car” over 197 times in total, as shown in the attached list of crimes.

Accordingly, the defendant carried on the automobile transaction business without registering the automobile management business.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. An interrogation protocol of F by prosecution;

1. A criminal investigation report (attached to the details of transactions by agricultural cooperatives, which received text messages from suspect mobile phones), and a copy of the contents of receipt and sending of text messages;

1. Investigation Report (Attachment to the AFC Account) - Application of the Detailed Statement of Transactions Act;

1. Article 79 subparagraph 13 of the Automobile Management Act and Article 53 (1) of the relevant Act concerning facts constituting an offense;

1. The distribution of vehicles for the reason of sentencing alternative to imprisonment with prison labor is highly likely to encourage crimes such as embezzlement, interference with exercise of rights, etc., make it difficult to detect the person in charge of traffic administration or traffic accident, as well as to make it difficult to use it as a tool for various crimes.

Accordingly, the Automobile Management Act is punished for transferring a motor vehicle to a third party without registering the transfer of a motor vehicle, requires the competent authorities to register the motor vehicle transaction business and manage the motor vehicle dealer through the improvement order, etc. of the business, and in detail, the motor vehicle dealer is recorded in the register.

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