TITLE	Supreme Court Decision 2015Do12633 Decided November 9, 2017 ¡¼Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud); Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement); Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Breach of Trust); Violation of the Act on External Audit of Stock Companies; Bribery; Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Bribing, etc.)¡½ [full Text]
Summary
Meaning of ¡°act in violation of one¡¯s duty¡± as an element of breach of trust Cases in which the lending of corporate funds to another person by a corporate director, etc. constitutes breach of trust against the company Whether this doctrine holds true even when the other person is an affiliate or subsidiary of the subsidizing company (affirmative) Standard of determining whether the intent in breach of trust can be recognized on grounds of business judgment Factors to take into account when determining whether inter-affiliate subsidization within a business group was conducted within the discretionary scope of reasonable business judgment

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