횡령죄의 보관관계

형법과 신의칙

In case the bond transferor collects the bonds from the debtor and receives the money before the transfer notice, the question is whether criminal punishment in charge of the embezzlement for such a double default, which is morally reprehensible, conforms to the criminal justice. About this problem, there was a tense 8:5 split in the Supreme Court’s opinion, which would verify the proposition of critical legal positivism that what is just is difficult to agree on.