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jun (as in jun-sagizai)

English translation: Statutory Fraud

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22:48 Feb 17, 2000
Japanese to English translations [PRO]
Law/Patents
Japanese term or phrase: jun (as in jun-sagizai)
If "sagizai" is fraud, then what is "jun-sagizai"? (The kanji used for "jun" is the one that means "quasi" or "semi.") Is there an equivalent term in English? I found this term in "Keiho no Kaisetsu" (pub. by Hitotsubashi Shuppan, 1996).
K. Ishihara
English translation:Statutory Fraud
Explanation:
On further investigation (after having been outed as a lawyer), I think that lanceh's term is better. The Japan Penal Code Section 248 specifically defines "Jun-sagizai" as transferring property or obtaining unlawful profits by taking advantage of the lack of foresight of a minor or the emotional vulnerability of a person (loose translation). "Statutory" fits perfectly here.
Selected response from:

DASITKIN
Grading comment
It's tough to find a one-to-one equivalent when dealing with differing systems. You end up either coining your own term or having to be satisfied with a "sort-of but not- quite" match. Thanks to all who responded.
4 KudoZ points were awarded for this answer

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Summary of answers provided
naStatutory FraudLance Hendrick
naStatutory FraudDASITKIN
naconstructive fraudGerald Peters
naconstructive fraudDASITKIN
naquasi-fraudxxxrmark
naminor fraud
Philippa Sutton


  

Answers


15 mins
minor fraud


Explanation:
I'm not sure if this is an exact legal expression, but the term "minor fraud" would probably fit the meaning of the kanji quite well.

Philippa Sutton
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40 mins
quasi-fraud


Explanation:
I couldn't find "jun-sagizai" in any of my dictionaries, but the Dictionary of Anglo-American Law (Ei-Bei hoo jiten edited by Tanaka Hideo) lists "quasi-crime" as "jun-hanzai" so it's close, anyway.

xxxrmark
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1 hr
constructive fraud


Explanation:
"Exists where conduct, though not actually fraudulent, has all actual consequences and all legal effects of actual fraud." (Black's Law Dictionary)
The prefix jun- is commonly used for "constructive" in this sense.

DASITKIN
PRO pts in pair: 4
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7 hrs
constructive fraud


Explanation:
At first I was leaning toward the more literal "quasi-fraudulent [activities, etc.]" but then I saw Dasitkin's comments on "constructive fraud," with which I tend to agree, even for formal legal contexts. My hesitation with "constructive" was partly due to the fact that Dictionary of Anglo-American Law (Ed. Tanaka) gives "gisei" for "constructive" and Kenkyusha E>J gives "suitei sagi" for "constructive fraud," but Kenkyusha's E>J does confirm that "suitei," "gisei," _and "jun"_ are interchangeably used for "constructive" (see entry under "constructive."
P.S. Dasitkin, I see that you are a licensed attorney in California. Thank you very much for sharing your knowledge and experience with us. I'm a U.S. patent agent, so maybe as time goes on I can return the favor. ---GTP

Gerald Peters
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8 hrs
Statutory Fraud


Explanation:
"Jun" is used in Japanese legal language to refer to something which, while not exactly fitting the definition of the crime, etc. to which the name refers, but which is defined by a specific statute to fulfil the elements. An example would be "Jun-Goukanzai", which refers to statutory rape: sexual relations with a minor under

Lance Hendrick
Local time: 01:08
PRO pts in pair: 4
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11 hrs
Statutory Fraud


Explanation:
On further investigation (after having been outed as a lawyer), I think that lanceh's term is better. The Japan Penal Code Section 248 specifically defines "Jun-sagizai" as transferring property or obtaining unlawful profits by taking advantage of the lack of foresight of a minor or the emotional vulnerability of a person (loose translation). "Statutory" fits perfectly here.

DASITKIN
PRO pts in pair: 4
Grading comment
It's tough to find a one-to-one equivalent when dealing with differing systems. You end up either coining your own term or having to be satisfied with a "sort-of but not- quite" match. Thanks to all who responded.
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