절도죄에 있어서의 점유의 개념과 점유의 타인성 - 특히 민법상의 점유개념과의 비교를 통하여 -

Abstract

[Abstract] The concept and scope of the Possession in Criminal Law Kwon, Oh-Geol* A theft is accomplished by stealing goods that another person is possessing. Therefore the object of theft is a goods that another person takes the possession of. It is general opinion that possession at the Criminal Law is much different from the possession of the Civil Law. Because although the indirect possession, possession by inheritance are recognized in the civil law, in the criminal law they are not admitted. But I think that historically the possession of the criminal law is similar to the possession at the old Roman Law. And now days the possession at the Criminal Law is in many parts similar to that of civil law. And in case that request to carry out goods single-handed to another person, if requester has a material right of control to the carrier, the requester and the carrier have a joint occupation to the goods. Therefore it the carrier take the goods secretly, he becomes a theft. In case that keeper to the goods is different to the keeper of the key, for example private depository in health club or bank, the right of possession the an article in custody belongs to the member of the health club or bank. Therefore if the manager in the health club or bank take the goods secretly, he becomes a theft.