The meaning of illegal solicitation in the crime of taking property in breach of trust.

The crime of taking property in breach of trust is protected by the law of integrity of a person in charge of another's business, and illegal solicitation, which is a constituent element of the crime, is not up to the crime of occupational breach of trust. However, as in this case, it is against social rules or the principle of good faith, such as giving priority to recommending a specific person to a certain position.

Article 357(1) of the Criminal Act

Defendant

Defendant

Gwangju District Court Decision 88No56 delivered on February 23, 1989

The appeal is dismissed.

We examine the Defendant’s grounds of appeal.

Article 357 (1) of the Criminal Code provides that the crime of taking property in breach of trust shall be protected by the law of integrity of a person who administers another's business, and illegal solicitation, which is a constituent element of the crime, refers to solicitation which is contrary to social rules or the principle of good faith, even though it does not constitute occupational breach of trust

According to the facts duly established by the court below, the defendant, as the head of the branch office of Korea Electric Power Corporation, was a person in charge of the recommending business of the entrusted collection officer, and the non-indicted 1 was recommended as a collection officer after receiving a request to recommend him first on the job, even if Non-indicted 1, who is the entrusted collection officer, retired from office, the defendant received 2,200,000 won from him, and recommended non-indicted 1 as a collection officer. Thus, the solicitation to recommend a specific person first to any position, such as the above decision of the court below, is a solicitation against the principle of trust and good faith. Therefore, the court below's decision that recognized the establishment of the crime of taking property in breach of trust

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)