Whether the crime of breach of trust is established where the registration of a vehicle is ex officio because the owner of the vehicle fails to undergo a continuous inspection on the vehicle commenced for auction

Whether or not the owner of a vehicle, who started the auction, has undergone the continuous inspection under the Road Transport Vehicles Act, can not be deemed to bear the obligation to undergo the inspection in relation to the successful bidder. Therefore, the registration of the vehicle was cancelled ex officio, and the liability for the crime of breach of trust cannot be established.

Article 355(1) of the Criminal Act, Article 14(1)5, and Article 50 of the Road Transport Vehicles Act

Defendant

Defendant

Busan District Court Msan Branch Court (83 Godan300)

The judgment of the court below is reversed.

The defendant is innocent.

The summary of the grounds for appeal by the defendant is that the defendant did not undergo an inspection on the two vehicles within the inspection period, but the cancellation of registration on the above vehicle was made ex officio, and thus the judgment below which found the defendant guilty of the crime of breach of trust, despite the absence of any intent to commit an act of breach of duty against the victim as well as the intent to cause property damage to the victim, is erroneous.

Therefore, the summary of the trial room of this case is as follows: "The defendant concluded a sales contract to sell the above (vehicle number omitted) taxi to non-indicted 1, but the non-indicted 1's failure to execute the above contract against the defendant 4,500,000 won for non-indicted 1's claim for the return of the down payment to Busan District Court 866, and the non-indicted 2's non-indicted 3's non-indicted 1's non-indicted 2's non-indicted 9's non-indicted 9's non-indicted 2's non-indicted 9's non-indicted 9's non-indicted 2's non-indicted 9's non-indicted 9's non-indicted 2's non-indicted 9's non-indicted 9's non-indicted 2's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 2's non-indicted 9's non-indicted 9's non-indicted 9's non-indicted 9's non-2's non-indicted 9's.

The summary of the facts charged of this case and the reasons for reversal are as mentioned above, and thus, the defendant is not guilty under the former part of Article 325 of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices.

Judges Ansan-gu (Presiding Judge)