The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor, the fact that the Defendant actually acquired the instant motor vehicle from D is sufficiently recognized.

In addition, the phrase “the operation of an automobile by acquiring it by transferring it in order to secure credit is also deemed to be included in “acquisition” as stipulated in Article 12(1) of the Automobile Management Act.

Nevertheless, the judgment of the court below which acquitted the defendant of the facts charged in this case on the ground that it was not included in the "acquisition" as stipulated in Article 12 (1) of the Automobile Management Act for the purpose of securing the claim against D, and there is an error of law by misunderstanding the facts and misunderstanding the legal principles.

2. Determination

A. Article 6 of the Automobile Management Act provides that “The acquisition or loss of the ownership of a motor vehicle shall take effect upon registration,” and 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 the transfer of the ownership of a motor vehicle with the Mayor/Do Governor, as prescribed by Presidential Decree.”

In addition, Article 81(2) of the Automobile Management Act provides that a person who fails to apply for the registration of transfer of ownership without justifiable grounds 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 has taken over an automobile" under Article 12 (1) of the Automobile Management Act refers to a person who takes over an ownership of an automobile through legal acts, including sale and purchase or donation.

Therefore, the obligee was handed over the automobile owned by the obligee from the obligor.

Even if it is nothing more than the delivery of the claim as collateral without the agreement on the transfer of ownership, or if it is delegated only with the authority to dispose of the claim instead of the vehicle, such creditor is an automobile under Article 12 (1) of the Automobile Management Act.