The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor, the gist of the grounds for appeal (in fact-finding) can be sufficiently recognized that a passenger car as indicated in the facts charged is “large-type vehicle,” and the Defendant was acquired without transfer of ownership, and owned and used without transfer of ownership.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

(a) A person who takes over a registered motor vehicle shall file an application for the registration of transfer of ownership with the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, even though the Defendant acquired a D X-M car (hereinafter “instant car”) registered as B or C owned from a person in the name of the deceased around 2015, the Defendant did not apply for the registration of transfer of the ownership of a motor vehicle within 15 days without justifiable grounds.

B. The lower court found the Defendant not guilty on the ground that the evidence presented by the prosecutor alone is insufficient to recognize that the Defendant was a person to whom the ownership of the instant passenger car was transferred by a juristic act, including sale and purchase or donation, and that there is no other evidence to acknowledge it.

C. 1) Determination at the trial is based on the following: “A person who takes over a motor vehicle” under Article 12(1) and (3) of the Automobile Management Act and “a person who takes over a motor vehicle” mean a person who takes over the ownership of the motor vehicle through a legal act, such as sale and purchase or donation (see, e.g., Supreme Court Decision 2013Do8503, Jun. 9, 2016). Whether a defendant takes over a motor vehicle by taking over the ownership of the motor vehicle is not attributable to the form or name of the contract, but rather to the circumstances leading up to the transfer of possession of the motor vehicle by the defendant, the documents delivered by the other party, the relationship between