A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who takes over a registered automobile shall apply for the registration of transfer of ownership of the automobile to the competent authority.

The Defendant, on May 2016, received Ding consortiums from C in a fluorial village located in Ansan-si, Ansan-si, Hayang-si, and received KRW 20 million from C, but did not file an application for registration of transfer of ownership of a motor vehicle without justifiable grounds.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Original Register of Automobile Registration;

1. An investigation report (C telephone statement hearing report) / (A) the Defendant merely did not file an application for the registration of transfer of ownership in trust by stating that C who transferred the vehicle “the name of the vehicle is currently in China, and will have it returned to China,” and the Defendant incurred damage equivalent to the vehicle price due to the instant case.

The argument is asserted.

However, these circumstances do not constitute justifiable grounds under Articles 81 subparag. 2 and 12(1) of the Automobile Management Act, and there were justifiable grounds for the Defendant regarding failure to file an application for the registration of transfer of ownership.

There is no circumstance to see.

In addition, the defendant asserts that there is no obligation to apply for the registration of transfer of ownership as there is a reason to revoke the invalid, erroneous or fraudulent intent that constitutes an act of disposal by an unentitled person or an unauthorized representative in the sales contract for the instant vehicle.

However, in light of the legislative intent of the above provision to eradicate the so-called large-scale transaction, the term “person who takes over a registered motor vehicle” under Article 12(1) of the Automobile Management Act refers to a person who takes over the ownership of a motor vehicle by means of a legal act, such as sale and purchase or donation, and such legal act does not necessarily have to be valid. The sales contract is valid even when the right which became the object of sale belongs to another person (the Civil Act).