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Defendants are not guilty.
Reasons
1. In cases where a person who has acquired an automobile of 2016 high-class 2459 on the facts charged intends to re-transfer it to a third party, he/she shall make a registration of transfer in his/her name before transferring it;
Nevertheless, from July 7, 2016 to April 14 of the same month, Defendant A purchased F A7, GMW428i, HWz E200 vehicles from E and possessed without filing for the transfer of ownership. From July 8, 2016, Defendant A transferred the said FF A7 vehicle to J at KRW 26 million without filing for the transfer of ownership registration in the name of the Defendant, from July 8, 2016 to July 201, Defendant A transferred it to a third party without filing for the transfer registration in the name of the Defendant, from July 8, 2016 to July 26, 2016.
When a transferee of a motor vehicle of 2016, who intends to re-transfer a motor vehicle to a third party, he/she shall make a registration of transfer in his/her name before transferring the motor vehicle to the third party.
Nevertheless, Defendant B in collusion with Defendant A, from July 7, 2016 to April 14 of the same month, purchased F A7, GMW428i, HWE200 vehicles from E and held without the transfer of ownership. From July 8, 2016, Defendant B transferred the said F A7 vehicle to J to 26 million won without the transfer of ownership in the name of the Defendant, from July 8, 2016 to July 18, 2016, the said vehicle was not registered under the name of the Defendant and transferred the said vehicle to a third party without the transfer of ownership registration in the name of the Defendant three times in total, as shown in the list of crimes committed by the Defendant from July 7, 2016.
2. Determination
A. In full view of the contents and purport of Articles 6, 12(1) and (3), and 80 subparag. 2 of the Automobile Management Act, the term “person who has acquired an automobile” under Article 12(3) of the Automobile Management Act means a person who acquires an ownership of an automobile by legal acts, including sale and purchase or donation.
Therefore, the obligee is a motor vehicle owned by the obligor.