Whether embezzlement is established where a trustee arbitrarily establishes a right to collateral security on a real estate held in title after the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name (affirmative)

Where a truster title a real estate under his/her own name and the trustee voluntarily created the right to collateral on such real estate, the crime of embezzlement against the truster is established, and it does not change on the ground that the title trust was made after the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name.

Article 355(1) of the Criminal Act

Defendant

Defendant

Attorney Jeong Tae-sung

Seoul District Court Decision 99No2848 delivered on July 6, 1999

The appeal is dismissed. 85 days out of detention days after the appeal shall be included in the original sentence.

The court below is justified in finding that the defendant was the title trust of the real estate of this case, and there is no violation of the rules of evidence as alleged in the grounds of appeal.

In addition, it is reasonable that the court below found the defendant guilty of the charge of embezzlement of this case since the title trust was made after the enforcement of the Act on the Registration of Real Estate under Actual Titleholder's Name, and there is no error in the misapprehension of legal principles as argued in the Grounds for Appeal.

In addition, it is proper that the court below found the defendant guilty of the fraud of this case, and there is no violation of the rules of evidence as alleged in the grounds of appeal.

Therefore, the grounds of appeal are without merit, and the appeal is dismissed, and part of the number of days of detention after the appeal is included in the original sentence and it is so decided as per Disposition.

Justices Shin Sung-sung (Presiding Justice)