Text
Defendant
A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
1. On September 2014, Defendant A violated the Automobile Management Act: (a) acquired the Cbea cruise car registered in the name of the Green Engineering Co., Ltd. in the name of Handong-dong, Dongdaemun-gu, Seoul; (b) transferred KRW 14.5 million to E through B around the Seocho-gu, Dongdaemun-gu, Seoul; and (c) without filing a transfer registration in the name of the Defendant; and (d) transferred the 1,4.5 million won to E via B around the Seocho-gu, Dongdaemun-gu, Seoul.
As a result, the defendant acquired the automobile and transferred it to the third party without transferring ownership in his name.
2. On June 2015, the Defendant received delivery from A with knowledge that the instant B-be cruise car did not have ownership transfer registration under the name of A in the vicinity of the Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, while delivering the said B-be cruise car to E in the vicinity of the Dongdaemun-gu Seoul, the Defendant received KRW 14.5 million and delivered the said money to A.
As a result, the defendant assisted the transfer of the automobile to the third party without transferring the ownership in his own name after the defendant acquired the automobile.
Summary of Evidence
1. Defendants’ respective legal statements
1. The protocol concerning the interrogation of the Defendants and E by the prosecution;
1. Application of the motor vehicle registration ledger (A) and a copy of the motor vehicle registration certificate;
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 80 Subparag. 2 and Article 12(3) of the former Automobile Management Act (Amended by Act No. 12986, Jan. 6, 2015)
B. Defendant B: Article 80 Subparag. 2 and Article 12(3) of the former Automobile Management Act (Amended by Act No. 12986, Jan. 6, 2015); Article 32(1) of the Criminal Act
1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;