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(영문) 대법원 1960. 10. 26. 선고 4293형상82 판결

[사기][집8형,085]

Main Issues

The liability for the crime of concealing the fact that the debtor who became the substitute occupant has been put into the security for sale on behalf of the creditor under the agreement on security for sale of movable property and again providing a third party with the security for sale.

Summary of Judgment

A crime of fraud is established in case where a movable provided as a sale security to another person is concealed, and another person is provided as a sale security.

[Reference Provisions]

Article 347 of the Criminal Act

upper and high-ranking persons

Prosecutor

Judgment of the lower court

Busan metropolitan area, Daegu metropolitan area, etc. of the second instance

Reasons

If the sale security contract was concluded and the non-indicted 1 had been possessed simultaneously with the contract and the contract was executed by the non-indicted 2 for the purpose of the subsequent acquisition of the article, then the non-indicted 1 had no effect on the non-indicted 3's possession of the article, and then the non-indicted 1 had no effect on the non-indicted 2's acquisition of the article for the purpose of sale again, the court below found that the non-indicted 1 had no effect on the non-indicted 3's acquisition of the article for the first time after the conclusion of the contract and the non-indicted 1 had no effect on the non-indicted 6's acquisition of the article for the second time, and that the non-indicted 1 had no effect on the non-indicted 3's acquisition of the article for the purpose of sale at the same time as the non-indicted 1 had no effect on the non-indicted 1's acquisition of the article for the purpose of sale at the same time as the non-indicted 3's acquisition of the article for the second time.

Justices Kim Young-chul (Presiding Justice)