“횡령” 개념에 관한 고찰

• 영문명: A Study on the Concept of “Embezzlement”
• 발행기관: 한국형사법학회
• 저자명: 이창섭(Lee, Chang-Sup)
• 간행물 정보: 『형사법연구』형사법연구 제25권 제3호, 105~129쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.09.30

영문 초록

A person who has the custody of another’s property shall be punished as embezzlement, if he embezzles and refuses to return it [Articles 355 (1), 356, 359 of the Korean Criminal Act]. The legally protected interest in embezzlement is another’s ownership of property. This ownership means a right on the civil law, because the criminal law does not have his own concept of ownership. As a rule, another’s ownership is not deprived in our legal system, even though the custodian commits an embezzlement. So embezzlement is not to be interpreted as an depriving offense. Embezzlement is an endangering offense, especially an abstract endangering offense. By the way, embezzlement has a meaning of an unlawful acquisition. If this acquisition signifies what causes the transfer of ownership [legal acquisition], the custodian cannot consumate his crime. Embezzlement does not bring about the deprivation of another’s ownership in principle. Therefore, the acquisition that the concept of “embezzlement” involves must be figured out in practical sense [practical acquisition]. In this context, embezzlement is to be grasped as an act which realizes an intent to acquire unlawful ownership, and attempts to commit an embezzlement is to be acknowledged when an intent to acquire unlawful ownership is expressed objectively [theory of realization].

목차

Ⅰ. 머리말

Ⅱ. 횡령죄의 보호법익 및 보호법익이 보호받는 정도

Ⅲ. “횡령”개념을 사실상의 의미로 파악하는 관점의 제안

Ⅳ. 맺음말

참고문헌

Abstract

키워드

횡령 보호법익 추상적 위험범 불법영득의사 실현설 embezzlement legally protected interest abstract endangering offense intent to acquire unlawful ownership theory of realization