Defendant

Pursuant to the reasoning of the judgment below, the court below erred by misapprehending the legal principles on prosecution;

Attorney Lee Jae-soo (Korean)

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the accused to provide community service for 180 hours.

Of the facts charged in this case, it is not guilty of violating the Automobile Management Act due to non-application for the registration of automobile ownership transfer.

On October 201, 201, the Defendant: (a) in the parking lot of Korea Building in Seo-gu, Daejeon, Seo-gu, Daejeon, for the purpose of removing (vehicle No. 1 omitted) the Defendant owned (vehicle No. 1 omitted); (b) attached the number plate as if he were duly issued and used the air; and (c) operated the car with the number plate attached (vehicle No. 1 omitted); and (d) operated the car as shown in the annexed list of crimes.

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Report on detection of an unqualified vehicle and investigation report (in addition to details of violation, attached to the register of automobiles);

1. Article applicable to criminal facts;

Article 238(1) and (2) of the Criminal Act; Article 78 Subparag. 2 of the Automobile Management Act; Article 71(1) of the Automobile Management Act

1. Commercial competition;

Articles 40 and 50 (Punishment on Violation of Automobile Management Act and Punishment for Violation of Motor Vehicle Management Act concerning Illegal Use of Motor Vehicle Registration Number Plate while on Board)

1. Selection of punishment;

Imprisonment Selection

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Act (Taking into account the fact that confessions and reflects a criminal offense, and that there is no criminal record of suspended sentence or more)

1. Social service order;

Article 62-2 of the Criminal Act

1. Summary of the facts charged

A person who has taken over a registered motor vehicle shall file an application for the registration of transfer of the ownership of a motor vehicle with the Mayor/Do Governor as prescribed by Presidential Decree. Nevertheless, the defendant, on the roads in front of the Korea Building located in 316-4, Seocho-gu, Daejeon, Daejeon, Seo-gu, Daejeon, with Nonindicted 2 KRW 9 million and purchased a motor vehicle (vehicle No. 2 omitted) and did not file an application for the registration of transfer without justifiable grounds.

2. Determination

It is insufficient to recognize that the defendant purchased a vehicle by borrowing it from Nonindicted 2 (vehicle No. 2 omitted) only with the witness’s legal statement and the evidence submitted by Nonindicted 1 and the prosecutor, and there is no other evidence to recognize it (In light of the witness Nonindicted 2 and Nonindicted 1’s legal statement, the defendant seems to have borrowed money as security for a loan claim while lending it to money.)

Therefore, the charge of violating the Automobile Management Act due to the failure to file an application for the registration of the transfer of the ownership of a motor vehicle constitutes a case where there is no proof of criminal facts, and thus, is acquitted under the latter part of

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