담보로 제공된 명의신탁 승용차를 몰래 가져간 명의신탁자의 형사책임

• 영문명: Criminal Responsibility of Title Truster Who Carried Away Secretly the in-Title-Trust-Given Car That Had been Offered As Security
• 발행기관: 한국형사법학회
• 저자명: 이창섭(Lee, Chang-Sup)
• 간행물 정보: 『형사법연구』형사법연구 제24권 제4호, 307~330쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.12.31

영문 초록

Title truster gave the car which he had bought in title trust and offered it to his creditor as security. One day title truster carried away the car before his creditor knew. The Supreme Court ruled that title truster’s act constituted theft because the car’s owner was title trustee externally(2010Do11771). But title truster’s creditor was not the man, “the third” who entered into a connection with title trustee on the ground that on the basis that title trustee was the owner of the car. There was not external relation of title trust in this case. So title truster having real rights about the car was to be the owner of the car. Therefore the act of title truster should constitute obstruction of exercise of his creditor’s right. This paper consists as follows.

목차

Ⅰ. 문제의 제기

Ⅱ. 명의신탁이론에 따른 명의신탁 목적물의 소유자

Ⅲ. 법익의 관점에서 본 명의신탁 목적물의 소유자

Ⅳ. 명의신탁자 甲의 형사책임

Ⅴ. 맺음말

참고문헌

Abstract

키워드

명의신탁 승용차 담보 절도죄 권리행사방해죄 title trust car security theft obstruction of exercise of ones right