보관자의 불법처분을 알면서 취득한 자의 형사책임

Abstract

According to multitude theory, the essence of embezzlement crime is illegal acquirement of other person's trusted material. It states that an embezzlement act does not necessarily satisfy an embezzlement crime as the composition-requisite of property and it would be accepted as a crime only when acquirement caused the consequence for the embezzlement act. In addition, it makes sense that actual completion-time of the embezzlement crime is in line with the acquirement crime and makes possible to comprehend the logical law interpretation for unconsummated crime of the embezzlement crime. Under the condition that realization view would be completion-time of stolen goods crime, it is realized when original crime is passed the completion-time among accepted theory. However, minority theory says argues that stolen good crime is realized whether property acquirement is made on either completion-time or end time. At the end of the day, accepted and minority theories both agree that 'crime' is realized only after 'acquirement' is actually achieved. Therefore, the embezzlement act should be occurred prior to the acquirement act. In other words, when both acts are happening at the same time, the stolen good acquisition crime would not be approved because the stolen goods substance were not accepted. As a result, the defendant would not be accused of the stolen good acquisition crime, but only assistance crime of embezzlement act.