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(영문) 대법원 1958. 1. 31. 선고 4290형상404 판결
[횡령][집6형,012]
Main Issues

The intention to transfer the ownership of real estate acquired by means of transfer and to acquire illegal property;

Summary of Judgment

When the creditor, who is a mortgagee, pays the principal and interest of the real estate to a third person who is his creditor, the debtor, who is the owner, pays the principal and interest at the due date for payment, there is no intention of unlawful acquisition when the creditor, who is the mortgagee, agrees to

[Reference Provisions]

Articles 355 and 362 of the Criminal Act

Appellant, Defendant

Defendant 1 and 1

Judgment of the lower court

Jinju support in the first instance, Daegu High School in the second instance, etc.

Reasons

When comprehensively examining the contents of the civil judgment without dispute on the entries and establishment of the statement of the defendant, etc. of the non-indicted 1 in the process of the first instance trial, the amount of 50,000 won loans from the non-indicted 2 to the non-indicted 2 as collateral for the concurrent house store owned by the non-indicted 2. Accordingly, the non-indicted 2 was found to have been missing at the time of February 10 of the same year due to the notice of the other creditors, and the defendant 1 was detained at the Jinju Office in the first instance of June of the same year and was released due to the non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 2's non-indicted 2's non-indicted 2's non-indicted 2's security right to the concurrent house office and the non-indicted 1's non-indicted 2's non-indicted 2's non-indicted 2's non-indicted misunderstanding of the intention to obtain the facts.

Justices Go Jin-jin (Presiding Justice)

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