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| TITLE | Supreme Court Decision 2009Do6634 Decided April 15, 2010[Receiving Property in Breach of Trust...the Property in Breach of Trust] [full Text] |
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| Summary | |
| [1] The case reversing the judgment below acquitting the charge of receiving property in breach of trust against the defendant Gap and the charge of giving property in breach of trust against the defendant Eul on the ground that it constitutes misapplication of the legal principles, in a case where Gap who became a director of the acquired company which was planning for a merger and acquisition offered information about the sale of the acquired company to the acquiring company group, and obtained extensive financial profits from the representative director Eul of the acquiring company [2] The standards for establishing a crime of breach of trust in the acquisition of a company with the method of so-called LBO (abbreviation of Leveraged Buy-Out) [3] The standards for establishing a crime of embezzlement in a case where the person who has the custody of the secret funds of the company uses the funds | |
