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The defendant shall be innocent.
Reasons
1. A person who has acquired a motor vehicle registered in the facts charged shall file an application for registration of transfer of ownership with the competent authority within 15 days;
Nevertheless, even if the Defendant acquired the C vehicle in the name of B from the non-standing B on April 2015, the Defendant did not apply for the registration of transfer of ownership until April 12, 2016.
2. The assertion and judgment
A. The Defendant asserted that the instant vehicle was used as security while lending money to B obtained from a person who was aware of D, and did not take over the instant vehicle.
B. Determination 1) With regard to the registration of an automobile, the Decree on the Registration of an Automobile differs from the registration of an automobile as the type of the registration of an automobile by stipulating “registration of a mortgage” under Article 12 of the Automobile Management Act, such as the provision of “registration of a mortgage” as to the registration of a specific movable property including an automobile under the said Act (hereinafter “The Automobile Mortgage Act”). The Automobile Mortgage Act provides that an automobile under Article 9 shall not be the object of a pledge right, but does not have any provision regarding the punishment of the offense. In light of the concept of “number” under Article 12(1) of the Automobile Management Act, if it includes the acquisition for the security right of an automobile, the ownership transfer should be made in the name of a secured party other than the ownership of the automobile, and rather, it would be contrary to the relevant law and substantive relations, it cannot be deemed that the “number” under Article 12(1) of the Automobile Management Act is leased money and it is operated after acquiring a loan claim as a security right.
2) The evidence adopted and examined by this Court and the records are as follows. ① The Defendant is only in possession of B’s certificate of personal seal impression issued on August 24, 2012, B’s certificate of loan borrowed on March 7, 2015 (the debtor: the principal: 12 million won; interest: 20% per annum); and B’s certificate of personal seal impression.