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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant loaned money to H and I by the resolution of the board of directors of the Foundation F (hereinafter “F”), and the Defendant’s act does not violate the F’s duties as the president, since it is recognized that there is no problem in the audit report of F.
In addition, the damage did not occur due to the completion of all recovery of claims from H and I, and there was no possibility of the damage.
There is no intention of breach of trust.
Nevertheless, the judgment of the court below convicting the Defendant of the facts charged is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.
2. Determination
A. It is a question as to whether the Defendant’s lending of money to H and I violates the F president’s duty, and whether the Defendant was aware of it.
In the context of breach of trust, the term "an act in violation of the duty" includes any act in violation of a fiduciary relationship with the principal by failing to perform such an act as is expected not to perform, or by doing such an act as is expected not to perform, under the provisions of statutes, the content of the contract, or the good faith principle, in light of the content and nature of the business to be handled, and there was a resolution of the board of directors of the school juristic person having the right to
on the ground that the act of breach of trust is conducted with the permission of the supervisory authority, it cannot be justified.
(see, e.g., Supreme Court Decision 99Do457, Mar. 14, 2000). Meanwhile, in order to establish a crime of occupational breach of trust, the perception of occupational breach of trust as a subjective requirement and the perception that the person himself/herself or a third party gains and causes damage to the person himself/herself, i.e., intent to commit occupational breach of trust, is sufficient. This perception is sufficient with dolusence.
The defendant was at issue for his own interest.