위임범위를 초과하여 예금을 인출한 경우의 죄책

• 영문명: A Study on the Criminal Liability of the Delegated Person s Excess Withdrawal
• 발행기관: 한국형사판례연구회
• 저자명: 이승호(Seungho Lee)
• 간행물 정보: 『형사판례연구』형사판례연구 제24권, 319~349쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.06.30

영문 초록

Three Supreme Court s rulings are reviewed in this paper. They are all about the similar cases. Someone asked the other person to withdraw a specific sum of money from his account, but the latter(the delegated person) withdrew an excess and took it. What sort of crime should be assigned to him? The ruling A presents the view of fraud by electronic instrument. It says that defendant took illegal gain through inputting unauthorized data into ATM. Another judgement, the ruling B, sets forth the different view. It declares the breach of trust, saying that defendant violated his duty. The final judgement, the ruling C, also deals with the case alike. However it supports the decision of the lower court to give defendant the embezzlement verdict. To sum up, there are contradicted rulings on the same case! What solution could be made to handle such confusion. It is the task of this paper. The conclusion is the crime of embezzlement, it means that the ruling C is appropriate. This paper presents its grounds and arguments and hopes for readjusting The Supreme Court s ruling forward.

목차

Ⅰ. 서로 다른 3개의 판결

Ⅱ. 에 대한 검토

Ⅲ. <양복 심부름 사건(대상판결 B)>에 대한 검토

Ⅳ. <운전기사 사건(대상판결 C)>에 대한 검토

Ⅴ. 종합평가

키워드

초과인출 컴퓨터 등 사용사기죄 배임죄 횡령죄 재물과 재산상 이익 Exceed Withdrawal Fraud by Electronic Instrument The Breach of Trust Embezzlement Property