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TITLE 【Syllabus of Latest Opinion】Supreme Court en banc Decision 2019Do14770 Decided August 27, 2020 【Violation 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】 [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 movable property in accordance with the Act on Security over Movable Property, Claims, etc. to secure a monetary debt or have the duties to avoid the acts which 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 an obligor endangers the exercise of a security interest or the resultant realization of claims, of an 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)
Prev 【Syllabus of Latest Opinion】Supreme Court Decision 2018Da283773 Decided September 3, 2020 【Lawsuit for Return of Unjust Enrichment】
Next 【Syllabus of Latest Opinion】Supreme Court en banc Decision 2019Do11294 Decided August 27, 2020 【Fraud; Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement); Occupational Embezzlement; Occupational Breach of Trust; Falsification of Private Electromagnetic Records, etc.; Exercise of Falsified Private Electromagnetic Records, etc.; Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment; Misrepresentation in Original Authentic Deed; Exercise of Misrepresented Original Authentic Deed; Violation of the Commercial Act】
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