The defendant shall be innocent.

1. 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, the Defendant did not file an application for the registration of transfer of ownership of a motor vehicle within 15 days without justifiable grounds, even though he/she acquired a DEX car registered as B or C owned by a person in the name of the deceased in 2015.

2. The term “person who takes over a motor vehicle” under Article 12(1) of the Automobile Management Act refers to a person who takes over the ownership of a motor vehicle through a legal act, including sale and purchase or donation.

Therefore, even if a creditor was delivered a motor vehicle owned by him/her from his/her debt without an agreement on the transfer of ownership, if it is merely a mere delivery of a bond as collateral without the agreement on the transfer of ownership, or if only the right to dispose of a motor vehicle as a substitute for the repayment of a bond is delegated, such creditor cannot be deemed “the transferee of a motor vehicle” under Article 12(1) of the Automobile Management Act (see, e.g., Supreme Court Decisions 2012Do2036, May 24, 2012; 2011No1542, Jan. 19, 201; 2013Do8503, Jun. 9, 2016). In full view of all evidence submitted by the prosecutor, there is insufficient evidence to acknowledge that the Defendant was a transferee of a motor vehicle ownership by means of sale or donation and other juristic acts, etc.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting a crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.