The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the reasons for appeal, the defendant could fully recognize that he had acquired the automobile from B.

Nevertheless, the court below rendered a not-guilty verdict on the facts charged of this case. The court below erred by erroneous determination.

2. Article 6 of the Automobile Management Act provides that “The acquisition, loss, and acquisition of the ownership of a motor vehicle shall be registered.”

Article 12 (1) of the same Act provides that "A person who acquires a registered motor vehicle shall file an application for the registration of transfer of the ownership of a motor vehicle with the Mayor/Do Governor, as prescribed by Presidential Decree.

"........"

In addition, Article 81 subparagraph 2 of the Automobile Management Act provides that "a person who fails to apply for the registration of transfer of ownership without good cause in violation of Article 12 (1)" shall be punished.

In full view of the contents and purport of the above provisions, the term "person who takes over a motor vehicle" under Article 12 (1) of the Automobile Management Act means a person who takes over the ownership of a motor vehicle through legal acts, 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, or if only the right to dispose of a motor vehicle instead of a bond is delegated to repay the bond, such creditor cannot be deemed to be “the transferee of the motor vehicle” under Article 12(1) of the Automobile Management Act (see, e.g., Supreme Court Decisions 2011No1542, Jan. 19, 2012; 2013Do8503, Jun. 9, 2016). The lower court acquitted the Defendant of the facts charged in the instant case with a detailed reasoning for determination.

Examining the aforementioned legal principles and the evidence duly admitted and examined by the court below in light of the records.