TITLE	Supreme Court en banc Decision 2014Do3363 Decided August 21, 2014¡¼Breach of Trust¡½ [full Text]
Summary
[1] Whether it constitutes an offense of breach of trust where a debtor, who has made an appointment of an accord on real property for the purposes of claim security, sells off said real property to a third party (negative) [2] In a case where the Defendant was indicted for breach of trust on the ground that the Defendant agreed with the Non-Party on an accord on the portion of devised inheritance of his mother¡¯s real property if he were to be unable to repay the loan money, and thereafter, despite having completed the ownership transfer registration of said real property through devise, the Defendant sold off the real property to a third party, thereby causing loss to the Non-Party, the court below erred by misapprehending the legal principles in convicting the Defendant on a different premise, even though the Defendant cannot be considered to hold the status of a person administering another¡¯s business

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