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TITLE Supreme Court en banc Decision 2008Do10479 Decided January 20, 2011【Breach of Trust】 [full Text]
Summary
[1] Whether a seller’s act of transferring an alienable personal property to a third party after receiving intermediate payment from a buyer constitutes a crime of breach of trust (negative)
[2] Where the Defendant agreed to transfer a printing machine to Party A and received contract deposit and intermediate payment, but then transferred the printing machine to Party B (Defendant’s creditor) to satisfy an existing debt, thus reaping pecuniary benefit and causing loss to Party A, the case affirming the lower court’s judgment acquitting the Defendant of the charge of breach of trust
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