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TITLE Supreme Court en banc Decision 2008Do10479 Decided January 20, 2011¡¼Breach of Trust¡½ [full Text]
Summary
[1] Whether a seller¡¯s act of transferring an alienable personal property to a third party after receiving intermediate payment from a buyer constitutes a crime of breach of trust (negative)
[2] Where the Defendant agreed to transfer a printing machine to Party A and received contract deposit and intermediate payment, but then transferred the printing machine to Party B (Defendant¡¯s creditor) to satisfy an existing debt, thus reaping pecuniary benefit and causing loss to Party A, the case affirming the lower court¡¯s judgment acquitting the Defendant of the charge of breach of trust
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