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TITLE Supreme Court en banc Decision 2010Do10500 Decided February 21, 2013【Embezzlement】 [full Text]
Summary
[1] Whether a subsequent disposal constitutes a separate crime of embezzlement, following the completion of the crime of embezzlement by a preceding disposal; whether it constitutes a separate embezzlement for a custodian of another’s real property to set up a separate collateral on the same real property or sell the real property after the act of embezzlement becomes complete by registering a collateral on the said real property (affirmative in principle)
[2] Where Defendant B, with custody of the victim family clan A’s land under title trust, set up a collateral on said land for a loan to repay his/her personal debt, and subsequently Defendants B and C conspired to sell the land to D, the case affirming the judgment below holding the land sale as constituting a separate embezzlement
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