The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding and misapprehension of legal principles (related to a violation of the Automobile Management Act) “A person who acquires a registered motor vehicle shall file an application for the registration of transfer of the ownership of the motor vehicle with the Mayor/Do governor, as prescribed by Presidential Decree.” It is reasonable to interpret Article 12(1) of the Automobile Management Act, which provides that a transferee shall file an application for the registration of transfer of the ownership of the

There is a nominal trust agreement between E claiming that there exists a nominal trust agreement.

There is no data to view.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (1.5 million won in penalty) is too unhued and unfair.

2. Determination

A. Article 12(3) of the Automobile Management Act provides that “In a case where a person who has acquired an automobile intends to transfer to a third party again,” the registration of transfer under the name of the third party shall be made prior to the transfer. On the other hand, Articles 81 subparag. 2 and 12(1) of the said Act provide that the transferee of the automobile does not apply for the registration of transfer of ownership without justifiable grounds, but does not require the buyer to make the registration of transfer of ownership under his/her own name, but does not require the buyer to make the registration of transfer, and there is no provision prohibiting or punishing the trust itself in the name of the automobile under the Automobile Management Act, so the transferee of the automobile may make the registration of transfer under the name of the trustee lawfully in accordance with the trust agreement. In this case, the obligation to apply for the registration of transfer under Article 12(1)

It is reasonable to view it.

According to the evidence duly adopted and examined by the court below and the trial court, the defendant acquired the instant vehicle and entered into a trust agreement with E and made a transfer registration in the name of E, so the defendant is recognized.