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TITLE Supreme Court en banc Decision 2019Do14770 Decided August 27, 2020 ¡¼Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) [Partly Acknowledged Name of Crime: Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Breach of Trust)]; Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud); Breach of Trust¡½ [full Text]
Summary
Meaning of ¡°a person, administering another¡¯s business,¡± who is the subject of breach of trust
In a case where an obligor shall be liable for the maintenance and preservation of the collateral value of secured property to a person who holds a security interest in movable property, an obligee, by placing the said obligor¡¯s own movable asset as security on the movable property in accordance with the Act on Security over Movable Property, Claims, etc. to secure a monetary debt or have the duty to avoid acts that may disrupt the exercise of a security interest by disposing of, losing, or damaging the security, whether the obligor constitutes ¡°a person, administering another¡¯s business,¡± who is the subject of breach of trust (negative) and, on this occasion, in a case where said obligor endangers the exercise of a security interest or the resultant realization of claims of the obligee as a result of a decrease or loss in value of the security by disposing of the security to a third person, whether a breach of trust may be established (negative)
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