The prosecutor's appeal is dismissed.

1. The duty to apply for ownership transfer registration and the duty to apply for ownership transfer registration by the motor vehicle dealer who sold the motor vehicle or arranged for sale and purchase of the motor vehicle constitutes an obligation to jointly and jointly perform to the motor vehicle dealer and the transferee of the registered motor vehicle. Thus, the judgment of the court below acquitted the defendants who acquired the motor vehicle in collusion with H as the motor vehicle dealer and did not perform the duty to apply for ownership transfer registration under the main sentence of Article 12(2) of the Motor Vehicle Management Act, which affected

2. Article 12(2) of the Motor Vehicle Management Act provides that "a person who has registered the motor vehicle transaction business pursuant to Article 53 (hereinafter referred to as "motor vehicle dealer") shall file an application for the registration of transfer pursuant to paragraph (1) on behalf of a buyer in cases of sale or arrangement of sale of a motor vehicle: Provided, That this shall not apply in cases of sale or transaction between a motor vehicle dealer and where a buyer directly files an application for the registration of transfer as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport." Article 81 subparagraph 3 of the same Act provides that "a person who fails to file an application for the registration of transfer of ownership in violation of Article 12(2)" shall be punished. In light of the form and purport of the above provision, the crime of violation of the Motor Vehicle Management Act due to a violation of the obligation to apply for registration by a motor vehicle dealer constitutes a single crime that can be realized only by omission. On the other hand, the co-principal among a crime of omission is jointly

In addition, the above application obligation is granted to a person who has registered automobile trading business pursuant to Article 53 of the Automobile Management Act, which is the Automobile Management Act.