1. The crime of breach of trust is established by a person who administers another's business to obtain pecuniary advantage or to let a third party obtain such profit by acting in violation of his/her duty, thereby causing loss to the principal;

Here, “act in violation of one’s duty” includes any act in violation of a fiduciary relationship with the principal by failing to perform an act that is naturally expected under the provisions of the law, the terms of the contract, or the good faith principle, or by performing an act that is anticipated not to perform, in light of specific circumstances, such as the content and nature of the business

(1) If a director, etc. of a company has already lost his/her ability to repay debts to a third party when lending company funds to the third party, and subsequently lent funds to the third party without taking reasonable and reasonable measures to collect claims, such lending is an act of obtaining profits from the third party and causing losses to the company, and the director of the company is not exempt from the liability for the crime of breach of trust solely on the ground that it is a management judgment. This does not change to the other party’s affiliated company (see, e.g., Supreme Court Decisions 9Do4923, Mar. 14, 2000; 2002Do661, Jul. 8, 2004). However, a company’s interests within the scope of personal benefits collected without careful consideration are considered to have been realized based on the information available to the third party (see, e.g., Supreme Court Decisions 9Do4923, Mar. 14, 200; 202Do661, Jul. 8, 2004).