The defendant shall be innocent.

A person who takes over a motor vehicle registered in the summary of the facts charged in this case shall apply for the registration of transfer within 15 days from the date of taking over.

Nevertheless, on June 15, 2015, the Defendant did not file an application for the registration of transfer within 15 days without justifiable grounds, even if he/she acquired CK5 passenger cars registered as owned by D (hereinafter “the instant vehicle”) from D at a place where it was in fire on June 15, 2015.

2. Determination

A. Under Articles 81 subparag. 2 and 12 subparag. 1 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015; hereinafter the same) and Article 26 subparag. 1 of the Decree on the Registration of Motor Vehicles, which apply to the facts charged in the instant case, if a person who acquired a registered motor vehicle fails to file an application for the registration of transfer of ownership within 15 days without justifiable grounds, he/she shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won.

Meanwhile, the burden of proving the facts charged in a criminal trial is to be borne by a prosecutor, and the conviction is to be based on evidence with probative value that leads a judge to have the truth that the facts charged are true beyond reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant (see, e.g., Supreme Court Decision 2012Do311, Mar. 15, 2012). According to the aforementioned applicable statutes and the legal principles, the prosecutor is liable to prove that the defendant who acquired the instant car has failed to file an application for ownership transfer registration within 15 days, as well as that there was no justifiable reason for the application for ownership transfer registration.

(b)in full view of the following facts and circumstances recognized by the record, the prosecutor submits it to the prosecutor: