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(영문) 창원지방법원 2015.09.10 2015고단1988
자동차관리법위반
Text

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

Reasons

Criminal facts

On April 25, 2013, the Defendant was sentenced to imprisonment with prison labor for violating the Automobile Management Act at the Busan District Court on April 25, 2013 and completed the execution of the sentence at the Busan Detention House on April 18, 2014.

In addition, on April 23, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) in the same court, and the judgment became final and conclusive on September 10, 2015.

1. Where a person who has acquired an automobile sold by a substitute intends to transfer it again to a third party, he/she shall make a registration of transfer of ownership in his/her name by applying for the Mayor/Do governor

Nevertheless, in around 2014, the Defendant acquired a large-sized vehicle registered in the direct trade website of used cars called “8car”, “44car”, “7car”, and “7car” in the form of purchasing the large-sized vehicle, and had the intention to sell it with certain profits to other persons by inserting a notice of the large-sized vehicle sales on the above site without making a transfer registration in the name of the Defendant.

On July 11, 2014, the Defendant received 3,300,000 won in total from D’s account in the same way until July 14, 2015, from D’s account, and transferred 20,000 won in total from D’s account to D’s account, etc. to 20,000 in total, without making a transfer registration of ownership in the name of the Defendant for the registration number of 208 large-scale passenger car that was acquired by the above method as above.

Accordingly, the defendant acquired the automobile and transferred it to a third party without making a transfer registration of ownership in his name.

2. A person who has acquired an automobile registered not to file an application for ownership transfer registration shall make the registration of ownership transfer to the Mayor/Do Governor as prescribed by Presidential Decree;

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