횡령등
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that a passenger car in the T-gu room is the victim's name or victim's death to the defendant, and since it is the common property subject to the division of property, not the defendant's sole ownership, it cannot be the crime of embezzlement. One key and one modern card are not brought by the defendant, and the cash is not 90,000 won but 60,000 won, and the victim's living expenses are brought about. Therefore, this part of the judgment of the court below which convicted all of the defendants is erroneous in the misunderstanding of facts.
2. Determination
A. 1) According to the evidence duly adopted and examined by the lower court, the amount of the instant vehicle (TIGUN) is determined as the instant vehicle (hereinafter “instant vehicle”).
(2) On May 2010, the defendant asserts that the crime of embezzlement is established since the victim purchased money from the victim in a de facto marital relationship with the defendant and registered as the joint name of the victim and his/her subordinate H is recognized. Thus, the victim's joint ownership (or joint ownership) is the victim's ownership (or the victim and H). Even though the victim demanded the return of the money by closing de facto marital relationship with the defendant, the defendant can be found to have concealed it with the intent of unlawful acquisition and refused the return, even though the victim demanded the return of the money. 2) The defendant asserts that the victim donated the instant vehicle to the defendant.
Although the acquisition and loss of ownership of an automobile has its effect by completing registration and without registration, it is a principle that ownership cannot be acquired not only in the external relationship, but also in the internal relationship of the parties, but also in special circumstances where the parties agree to hold ownership by a person who is not the title holder of registration, a person who is not the title holder of registration in the internal relationship.