The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is that the Defendant first received all documents necessary for the registration of transfer of a vehicle at the time of delivery of D Lastrento car (hereinafter “instant vehicle”), and was delegated to the authority by the Defendant. C was delivered a vehicle at the time of delivery of the instant vehicle with no intent to return the instant vehicle and in return for the loan, and the Defendant was transferred the instant vehicle to another lender immediately after delivery of the instant vehicle from C, even in that the Defendant was transferred to the intent to acquire the ownership of the instant vehicle.

Comprehensively taking account of the fact that the Defendant received the instant vehicle and recognized that the assignee was in the position and bears the duty of registration of transfer.

Nevertheless, the lower court found the Defendant not guilty of the facts charged.

2. Determination

A. The summary of the facts charged in the instant case is that a person who takes over a registered motor vehicle applies for the registration of transfer of the ownership of a motor vehicle to the Mayor/Do Governor, as prescribed by Presidential Decree, but he/she did not apply for the registration of transfer within 15 days without justifiable grounds while he/she took over the instant motor vehicle from 301, Bara, which is located at Osan-si B around April 12, 2012.

B. As to the facts charged in this case, the lower court determined that Article 12(1) of the Automobile Management 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.” Article 81(2) of the Automobile Management Act provides that a person who fails to file an application for the registration of transfer of the ownership of a motor vehicle without any justifiable reason, in violation of Article 12(1) of the Automobile Management Act, shall be punished. The vehicle registration Decree separates cases where a motor vehicle is acquired with an intention to own a motor vehicle and is acquired with an intent to acquire bonds as a collateral, and takes over a bond