판례에 나타난 부동산 명의수탁자의 처분행위에대한 형사책임의 법리 = The legal principles of criminal liability for a title trustee who acts on disposal of real estate in Supreme Court shown case

다국어 초록 (Multilingual Abstract)

This Article comes to legal principles of criminal liability for a title trustee who actson disposal of real estate in Supreme Court shown case. The Types of title trust of real estate are 2-party registry title trust, 3-party registrytitle trust and 3-party contract title trust. In the case of 2-party registry title trust and 3-party registry title trust, both are alsopunishable by embezzlement according to Supreme Court case. In the case of 3-party contract title trust, title trustee is not punishable byembezzlement or by breach of trust according to Supreme Court case. In the case of embezzlement after the embezzlement about title trusted real estate,later acts is not unpunishable act after crime but that of another embezzlement accordingto Supreme Court case. But in theory there are various opinions on the criminal liability for a title trustee whoacts on disposal of real estate, especially in the case of 3-party registry title trust andin the case of 3-party contract title trust. I think that to protect illegal civil law case by criminal law is also violated supplementary principle of criminal law. On this account all kind of act for title trustof real estate should be punished the violation of Act on the Registration of Real Estateunder Actual Titleholder``s Name. I hope that the opinions of Supreme Court and theory of Law to be identical to eachother as soon as possible to show citizens and lawyer right overseeable direction. Preferentially if a prosecutor is charged with violation against Act on the Registrationof Real Estate under Actual Titleholder``s Name, it will bring a change in the judicialprecedent also.