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The prosecutor's appeal is dismissed.
Reasons
1. The court below's scope of trial in this case pronounced guilty as to the violation of the Guarantee of Automobile Compensation among the facts charged in this case, and sentenced not guilty as to the violation of the Automobile Management Act. The prosecutor filed an appeal only against the acquitted part of the judgment below, and since the defendant did not file an appeal and the guilty part becomes final and conclusive, the scope of trial in this court is limited to the
2. Even if an automobile was acquired to secure the claim of the gist of the grounds for appeal, it shall be deemed as included in the concept of “number” under Article 12(1) of the Automobile Management Act. In light of the fact that the Defendant operated a motor vehicle over a long period of time, it shall be deemed as having been acquired with the intention of its owner.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
3. Determination
(a) A person who has acquired a motor vehicle registered as a summary of this part of the facts charged shall file an application for the registration of transfer of the ownership with the Mayor/Do Governor as prescribed by
The Defendant received from the representative F of the Dispute Resolution Co., Ltd. E in the early 2013, the Defendant transferred the Co., Ltd. Co., Ltd. owned by the E in the Dispute Resolution Co., Ltd.
Nevertheless, the said motor vehicle was operated by June 2, 2016 without any justifiable reason without the registration of transfer of ownership of the motor vehicle.
B. The lower court determined as follows: (a) in relation to the registration of an automobile, stipulated “registration of mortgage” under the Automobile Management Act, including automobiles, along with the “registration of transfer” under Article 12 of the Automobile Management Act, as the type of the registration of an automobile; and (b) distinguish between the acquisition of a vehicle with an intention to own the vehicle and the acquisition with an intention to acquire bonds as collateral; and (c) the Automobile Mortgage Act provides for automobiles under Article 9.