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The defendant shall be innocent.
Reasons
1. A person who takes over an automobile registered in the summary of the facts charged in this case shall apply to the Mayor/Do governor for the registration of transfer;
Defendant
A, on November 8, 201, from the sub-dong, Gangnam-gu Seoul Metropolitan Government, lent KRW 4.5 million to the owner of the vehicle, and even if six months have not elapsed, if the borrowed money is not repaid, the Defendant would acquire the ownership of the C-owned vehicle and the said vehicle was transferred, but the ownership transfer registration was not made in the name of the Defendant until July 25, 2016 without good cause.
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.
Paragraph (3) of the same Article provides that "where a person who has acquired a motor vehicle intends to transfer it again to a third party, he/she shall make a transfer registration under paragraph (1) in his/her name before transferring it.
"........"
In addition, Article 80 Subparag. 2 of the Automobile Management Act provides that “a person who has transferred to a third party without making a transfer registration under his/her own name in violation of Article 12(3)” shall be punished.
In full view of the contents and purport of the above provisions, the term “person who has acquired an automobile” under Article 12(3) of the Automobile Management Act refers to a person who acquires the ownership of an automobile by legal acts, including sale and purchase or donation.
Therefore, even if the obligee received the vehicle owned by the obligee from the obligor, if it is merely the delivery of the vehicle as security of the claim without the agreement on the transfer of ownership, or if it is delegated only with the authority to dispose of the vehicle as a substitute for the repayment of the claim, such obligee is stipulated in Article 12(3) of the Automobile Management Act.