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The defendant shall be innocent.
Reasons
1. The summary of the facts charged was purchased at KRW 7,80,000 by the Defendant through the sale of used cars in daily acid around May 19, 2014, which was owned by B after the transfer registration on January 27, 2014 (hereinafter “instant vehicle”).
Notwithstanding the fact that the Defendant acquired a registered motor vehicle as above, he/she applied for the registration of transfer of the ownership of a motor vehicle to the Mayor of Jung-Eup, the competent authority in the residential area. However, the Defendant operated the instant motor vehicle in the Dong-gun and Dong-gun by August 13, 2014, without making the registration of transfer as a chemicalized, by the time he/she died on June 30, 2014.
2. The assertion and judgment
A. The gist of the Defendant’s assertion is that the Defendant: (a) purchased the instant vehicle and urged a motor vehicle dealer to transfer ownership several times; (b) failed to comply with the demand; and (c) exchanged the instant vehicle with another vehicle, there is justifiable reason to refuse to transfer ownership of the instant vehicle.
B. 1) Determination 1) The burden of proving the criminal facts charged in a criminal trial is to be borne by a prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, the determination should be based on the benefit of the defendant.
In addition, Article 12 (1) of the former Automobile Management Act (amended by Act No. 12146, Dec. 30, 2013) provides that a person who acquires 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, and Article 81 (2) of the same Act provides that a person who fails to file an application for the registration of transfer of the ownership of a motor vehicle may be punished against a person who violates Article 12 (1) of the same Act without good cause.