The defendant shall be innocent.

1. The summary of the facts charged is that a person who takes over a registered motor vehicle applies for the registration of transfer of the ownership of the 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 takes over a rocketing motor vehicle from C in front of the 301 Bara, which is located in Gyeonggi-si B around April 12, 2012.

2. The Defendant asserts that the Defendant did not have a duty to file an application for the registration of ownership transfer because the Defendant merely received the said D Lasttop car (hereinafter “instant vehicle”) as security by lending money to C, and did not take over the instant vehicle.

3. Article 12(1) of the Automobile Management Act, which is a applicable provision to the facts charged in this case, provides that "any person who acquires a registered motor vehicle shall file an application for the registration of transfer of ownership of the motor vehicle with the Mayor/Do governor as prescribed by Presidential Decree", and Article 81(2) of the Automobile Management Act provides that anyone who fails to file an application for the registration of transfer of ownership of the motor vehicle

However, the Decree on the Registration of Motor Vehicles, along with the registration of transfer under Article 12 of the Automobile Management Act, provides for the registration of mortgage pursuant to the Act on the Mortgage on Specific Movables including Motor Vehicles (hereinafter “The Automobile Mortgage Act”), is distinguishable from the case of acquisition by intention of ownership of a motor vehicle and the case of acquisition by intention of mortgage on bonds. Article 9 of the Automobile Mortgage Act provides that a motor vehicle shall not be the object of a pledge right, but there is no provision regarding the validity of a juristic act in violation or its punishment, and if the concept of acquisition by transfer under Article 12(1) of the Automobile Management Act includes the acquisition by transfer for mortgage, the owner of the motor vehicle.