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| TITLE | Supreme Court en banc Decision 2020Do6258 Decided October 22, 2020 【Violation of the Act on the Aggravated Punishment, Etc. of Specific Economic Crimes (Fraud); Fraud; Counterfeit of Private Document; Uttering of Falsified Private Document; Violation of the Road Traffic Act; Embezzlement; Occupational Embezzlement; Breach of Trust; Violation of the Labor Standards Act; Violation of the Act on the Guarantee of Employees’ Retirement Benefits; Obstruction of a Person’s Exercise of Right; Violation of the Punishment of Tax Offenses Act】 [full Text] |
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[1] Whether an obligor constitutes a “person who administers another person’s business” against an obligee in a relationship involving monetary claims and obligations (negative) In a case where an obligor either promised to create or created a right of mortgage on the movable property in his or her possession according to the Act on Mortgage on Motor Vehicles and Other Specific Movables to secure a monetary debt, whether the obligor constitutes a “person who administers another person’s business,” the principal of the crime of breach of duty, in the said obligor’s relationship with the obligee (negative), and, in such an instance, if the obligor disposes of the collateral to a third party, etc. and thereby reduces or diminishes its collateral value, jeopardizing the obligee’s enforcement of a right of mortgage or satisfaction of a claim by way thereof, whether the crime of breach of duty is established (negative) Whether the abovementioned legal doctrine likewise applies to the cases where the obligor arbitrarily disposed of the movable property, on which a right of mortgage had been created, to a third party pursuant to the Factory and Mining Assets Mortgage Act to secure a monetary debt (affirmative) [2] In a sale contract of movable property, whether a seller is in a position of administering a buyer’s business (negative), and, in such an instance, if a seller disposed of the subject property to another person, whether the crime of breach of duty under the Criminal Act is established (negative) In a sale contract of movable property that requires the registration and filing to transfer a right over the said movable property, whether a seller of a car, etc. is in a position of administrating a buyer’s business (negative), and, in such an instance, if the seller disposed of the subject property to another person without filing a transfer of ownership, whether the crime of breach of duty is established (negative) |
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