[장물취득][집29(2)형,84;공1981.9.15.(664) 14220]
In case where a transferor of security commits a crime of breach of trust by arbitrarily disposing of security, whether such security is stolen (negative)
Although an obligor’s arbitrary transfer of the goods provided as security to a creditor constitutes a crime of breach of trust, such goods cannot be deemed as stolen goods, since they are the goods provided as security for another person in breach of trust, and they cannot be deemed as stolen goods, and therefore, even if the above other person knowingly acquired such goods, they cannot be punished as a crime of acquiring stolen property.
Article 362 of the Criminal Act
Defendant
Prosecutor
Seoul Criminal Court Decision 80No7416 delivered on December 22, 1980
The appeal is dismissed.
The grounds of appeal are examined.
According to the reasoning of the judgment of the court below, the court below decided that the defendant's joint defendant of the court below's judgment can not be punished as a crime of acquisition of stolen property only by acquiring the property with the knowledge of such circumstance, regardless of the fact that he arbitrarily transferred the property at the time of the original sale of the property to Yoon Jong, a creditor of June 19, 1980, and that the defendant confirmed that he acquired it with the knowledge of such circumstance, and that the above act by the joint defendant of the court below constitutes a crime of breach of trust, and that the above act by the joint defendant of the court below constitutes a crime of breach of trust, since the above act by the joint defendant of the court below is not an stolen property, nor can he be punished as an accomplice of the crime of breach of trust only if the defendant acquired the property with the knowledge of such circumstance and actively processed the crime of breach of trust by the defendant. In light of the records, the above fact-finding and decision of the court below is just,
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Jeong Jong-tae (Presiding Justice) Kim Jong-young (Presiding Justice)