When a person entrusted with the management and non-performance of the property devolving upon the State refuses a request for return by the delegating, and registers the ownership under his/her own name, the breach

When a person entrusted with the management and non-performance of the property devolving upon the State refuses a request for return by the delegating and registers the ownership under his/her own name, the crime of breach

Article 355(2) of the Criminal Act

Defendant 1 and two others

Defendant Hanwon and one other

Attorney Park Jong-soo

Seoul Criminal Court Decision 66No1310, 1514 decided December 26, 1967

The appeals filed by Defendant Han Won-ju and leather are dismissed, respectively.

The original judgment on embezzlement against Defendant Kim Jong-san is reversed, and the case on this part is remanded to the Panel Division of the Seoul Criminal Court.

The appeal on the invalidity of custody of the public prosecutor's property for official duties is dismissed.

The defendant Han-ju and his defense counsel's satisfy's attorney at this Chapter are examined in the grounds of appeal.

Examining each evidence presented by the court of first instance by the court below in light of the records, it shall be sufficiently recognizable to the defendant, etc., as stated in the judgment of the court of first instance, and it cannot be said that there was any error beyond the scope of free evaluation securities by keeping the logical rules or empirical rules in the process of collecting evidence. Thus, the arguments cannot be accepted as legitimate grounds for appeal.

Next, prosecutor's grounds of appeal against Defendant 2 are examined.

However, the court below held that the defendant's transfer registration of the real estate was not based on the defendant 2's non-indicted 1 and the defendant's non-indicted 2's non-indicted 1 and the defendant's non-indicted 2's non-indicted 6's non-indicted 1 and the defendant's non-indicted 2's non-indicted 3's non-indicted 6's non-indicted 1 and the defendant's non-indicted 2's non-indicted 6's non-indicted 1 and the defendant's non-indicted 2's non-indicted 1 and the defendant's non-indicted 2's non-indicted 3's non-indicted 6's non-indicted 6's non-indicted 1 and the defendant's non-indicted 2's non-indicted 1 and the defendant's non-indicted 3's non-indicted 1 and the defendant's non-indicted 3's non-indicted 1 and the defendant's non-indicted 3's non-indicted 1's non-indicted 3's non-indicted.

Supreme Court Judge Hongnam-gu (Presiding Judge)