The meaning of "illegal solicitation" in the crime of misappropriation;

Article 357 of the Criminal Code refers to an illegal solicitation between a person who provides property or financial benefits and a person who acquires such property or financial benefits, and an illegal solicitation refers to an solicitation that goes against social rules or the principle of good faith.

Article 357 of the Criminal Act

Supreme Court Decision 67Do1666 Decided October 22, 1968 84Do179 Decided July 10, 1984

Defendant 1 and one other

Prosecutor

Incheon District Court Decision 86No356 delivered on June 26, 1986

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

Article 357 of the Criminal Code provides that an illegal solicitation should be taken place between a person who provides property or financial benefits and a person who acquires property, and the illegal solicitation here refers to a solicitation that goes against social rules or the principle of good faith.

According to the reasoning of the first instance judgment maintained by the court below, the defendants requested the chairperson and the chief secretary of the Committee on Preparation for Graduation of the 85-year College of Nupup University to designate a photographer operated by the defendant 1 as a manufacturer for the graduation. On the other hand, the above photographer's propaganda and consultation on the production process of the above persons are conducted, and the above committee members were provided with entertainment and money to the general secretary, and the court held that it is difficult to regard the defendants' above solicitation as an illegal solicitation contrary to the social rules, such as the theory of lawsuit, and there is no error of law by misapprehending the legal principles. The arguments are groundless.

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

Justices Kim Jong-chul (Presiding Justice)