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| TITLE | Supreme Court Decision 2019Do17102 Decided September 30, 2021 【Bribery by Breach of Trust; Violation of the Improper Solicitation and Graft Act】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Meaning of, and standard of determining, “improper solicitation” as referred to in bribery by breach of trust Where a person who is subject to a report asks a press reporter to publish a “paid article,” such act corresponds to an improper solicitation as referred to in bribery by breach of trust (affirmative) and this is likewise applicable to where the contents of the “paid article” coincide with subjective facts (affirmative) [2] The purpose of Article 357(1) of the Criminal Act, amended on May 29, 2016, which added “an act of aiding and abetting a third person to receive property or obtain pecuniary advantage” to the requirements constituting bribery by breach of trust Whether another person who delegated the administration of affairs can be included in “a third person” prescribed in Article 357(1) of the amended Criminal Act (negative) and a case where bribery by breach of trust can be constituted even if property or pecuniary advantage in response to an improper solicitation is externally seen to be given to another person who delegated the administration of affairs | |
