The judgment below

The guilty portion shall be reversed.

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

provided that this ruling has become final and conclusive.

Summary of Grounds for Appeal

As to the violation of the Automobile Management Act among the facts charged in the instant case, Article 81 subparagraph 2 of the former Automobile Management Act (amended by Act No. 9449 of Feb. 6, 2009 and enforced February 7, 2010; hereinafter “amended Act”) constitutes Article 81 subparagraph 2 of the same Act, and thus, the provision on punishment of imprisonment with labor for not more than one year or a fine not exceeding three million won should be applied. However, the former Automobile Management Act (amended by Act No. 9449 of Feb. 6, 2009; hereinafter “former Act”) is applicable, and the judgment of the court below which acquitted the Defendant of this violation is erroneous in the misapprehension of legal principle and thereby adversely affected the conclusion of the judgment.

The sentence of unfair sentencing (eight months of imprisonment, two years of suspended execution) is too uneased and unfair.

Judgment

According to the records on the assertion of misapprehension of the legal principles, the Defendant acquired the instant automobile (hereinafter “instant automobile”) on April 15, 2009, but did not file an application for the registration of transfer of ownership until the date of the lower judgment’s determination.

According to Article 12(1) of the former Act and Article 26 subparag. 1 of the former Decree on the Registration of Motor Vehicles (amended by Presidential Decree No. 21789, Oct. 19, 2009), a person who acquired a registered motor vehicle is obligated to apply for the registration of transfer of ownership of the motor vehicle to the Mayor/Do governor within 15 days from the date of purchase of the motor vehicle. Thus, the violation of his/her duty is completed on April 30, 2009 after 15 days from the date of acquisition of the motor vehicle

However, Article 84 (2) 2 of the former Automobile Management Act (amended by Act No. 9449 of Feb. 6, 2009) provides that "any person who violates the provisions of Article 12 (1) of the same Act shall be punished by a fine for negligence not exceeding 50,000 won" and Article 5 of the Addenda of the amended Act provides that any person who violates the provisions of Article 12 (1) of the same Act shall be punished by imprisonment or a fine for negligence shall be punished by imprisonment or a fine."