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(영문) 대법원 1970. 9. 17. 선고 70도1355 판결
[배임수재][집18(3)형,004]
Main Issues

The act of receiving money and valuables from the director general of the newspaper company in return for a request to the head office not to send news gathering articles to the head office, and the act of receiving money and valuables in breach of trust.

Summary of Judgment

The act of receiving money and valuables in return for a request from the Director General not sending news gathering articles to the head office of the newspaper company to the head office and receiving the money and valuables under the implied case is a crime of taking property in breach of trust.

[Reference Provisions]

Article 357 of the Criminal Act

Defendant-Appellant

Defendant

Judgment of the lower court

Seoul High Court Decision 69No954 delivered on May 14, 1970

Text

The appeal is dismissed.

Reasons

Judgment on the Defendant’s ground of appeal

Based on the evidence that he adopted, the court below held that the non-indicted 1, who was the director of the branch of the branch of the newspaper (title omitted), who was not the resident in the seat of the branch of the branch of the newspaper, concurrently performs news gathering duties pursuant to the provisions of the newspaper company, and therefore, in handling news gathering duties fairly and fairly, the non-indicted 1 fell under the occupational duty to carry out news gathering duties. On July 2, 1968, the non-indicted 1 cut 200 trees from the forest land measured with the name of the 2nd head office of the Young-gun-dong, Young-dong, Nowon-dong, the non-indicted 200 trees without permission, and collected them after sending them to the branch of the newspaper's branch of the branch of the branch of the branch of the branch of the newspaper (title omitted) and the non-indicted 1, on July 13, 1968, the court below's decision that it constitutes an unlawful solicitation under the principle of trust and good faith, and thus, it constitutes an unlawful solicitation under the records that it did not constitute an unlawful solicitation.

Therefore, the appeal is dismissed as without merit. It is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Yang Byung-ho (Presiding Judge)

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