Property trusted in a clan is not a trust property stipulated in Article 25 of the Trust Act. Therefore, an act of a title trustee’s heir who has completed a registration of transfer due to inheritance cannot be reprimanded as a crime of entry in the headquarters of the Notarial Deed.

Since the real estate trusted by a clan is not a trust property under this Article, the act of the heir of the title trustee who has completed the registration of transfer due to inheritance constitutes a constituent element of the crime of false entry in the authentic copy of the deed.

Article 25 of the Trust Act, Article 228 of the Criminal Act

Defendant 1 and two others

Prosecutor

Busan District Court Decision 70No498 delivered on November 30, 1970, Busan High Court Decision 70No498 delivered on November 30, 1970

All of the appeals by the prosecutor against the defendants are dismissed.

The grounds of appeal against the Defendants by the prosecutor are examined.

In order to make only the title of real estate owned under a so-called title trust in the name of another person, the property for which the registration of ownership transfer was completed under the so-called title trust cannot be deemed to have been a trust property under Article 25 of the Trust Act (property on which a trust relationship is established). Thus, among the facts charged in the judgment of the court of first instance that accepted the original judgment, the court below erred in misapprehending the legal principles as to the facts that the text of the judgment of the court of first instance, which stated in the grounds for not guilty of the defendant, was about 15,90 square meters of the forest land, which was owned by the deceased non-party 1, 2, 3, and 4, which was the owner of the above trust, does not belong to the property of the title holder due to the above trust. Accordingly, the above judgment did not err in the misapprehension of legal principles as to the facts that the defendants, the head of a family, who was legitimate head of each of the above title trustee, completed the registration of ownership transfer of his heir's above forest land by inheritance, and did not constitute the elements of the original notarial deed.

Justices of the Supreme Court (Presiding Judge) Ma-dong (Presiding Judge) and Ma-dong B-Jed Han-gu