수탁자의 명의신탁부동산 처분행위에 대한 형사책임

명의신탁 부동산 처분행위에 대한 수탁자의 형사책임을 분석했다.

This Article comes to legal principles of title trust of real estate in Supreme Court shown case. Focus of this paper is criminal liability for a title trustee who acts on disposal of real estate. As stated above can such a title trustee punished by embezzlement or breach of trust? The Types of title trust of real estate are registry title trust between the two parties, registry title trust between the three parties and contract title trust. In the case of registry title trust between the two parties and registry title trust between the three parties, title trustee is also punishable by embezzlement after Supreme Court case.

In the case of contract title trust, title trustee is not punishable by embezzlement or breach of trust after Supreme Court case. But in theory are a variety of opinions on the criminal liability for a title trustee who acts on disposal of real estate, especially in the case of registry title trust between the three parties and in the case of contract title trust. It is right way to exclude the application of the criminal law in the case of registry title trust between the two parties and registry title trust between the three parties and also contract title trust.

I hope that the opinions of Supreme Court and theory of Law to be identical to each other as soon as possible to show citizens and lawyer right overseeable direction.