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(영문) 수원지방법원 평택지원 2017.12.22 2016고정731
자동차관리법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is the owner of cussing vehicles in C owned D.

A person who takes over a registered automobile shall apply for the registration of transfer of ownership of the automobile to the Mayor/Do Governor within 15 days from the date of purchase.

Nevertheless, the Defendant did not apply for the registration of transfer of ownership within 15 days after purchasing the said vehicle at the front of the instant coffee shop located at the center of the Government around May 2014.

2. Determination

A. The burden of proving the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on the evidence of probative value that makes a judge sure that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). B. 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 acquires a motor vehicle” under Article 12(3) of the Automobile Management Act means a person who acquires ownership of a motor vehicle through a juristic act, such as sale and purchase or donation.

Therefore, if a creditor is delivered to a debtor with a motor vehicle owned by him/her, it is merely delivered as security of a claim without an agreement on transfer of ownership, or if only the right to dispose of a motor vehicle is delegated to meet a claim, such creditor cannot be deemed to be “the transferee of a motor vehicle” under Article 12(3) of the Automobile Management Act (see Supreme Court Decision 2013Do8503, Jun. 9, 2016, etc.).

Defendant

and defense counsel, when the defendant lends 15,000,000 won to E, the defendant had a business relationship with E.

C. The vehicle in the name of C is the Kuscoo vehicle (hereinafter “instant vehicle”).

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