원문정보
초록
영어
The question is whether the act of using a company’s money to give bribes and to give bribes to persons administering another’s business in response to an illegal solicitation constitutes, aside from Giving Bribe or Giving Bribe by Breach of Trust, Occupational Embezzlement. Naturally if a person uses a company’s money for his or a third party’s gain, intent of unlawful gain can be acknowledged. However, when a person uses a company’s money for the company’s benefits, even if the act may be illegal, the question of whether intent of unlawful gain exists is a different matter. In conclusion, the intent of unlawful gain must be determined not by normative or procedural standards, but by whether or not the main purpose of the act, at the time, was for the defendant or third party’s gain, or for the victim’s gain.
목차
II. Past Supreme Court’s decisions and cases regarding whether intent of unlawful gain can be acknowledged when giving bribes with company’s money
1. Introduction of the Issue
2. Cases that acknowledged Occupational Embezzlement
3. Cases that denied Occupational Embezzlement
III. Supreme Court, 25 April 2013, Case no. 2011Do9238
1. Introduction of the Issue
2. Lower Courts’ decision
3. Supreme Court decision
IV. The Relation between Giving Bribe and Occupational Embezzlement
1. The Difference between the benefits and protections of the law of Giving Bribe and Occupational Embezzlement
2. Standard for Determining Intent of Unlawful Gain
3. Determining whether an Act was for the Company’s Gain
V. CONCLUSION
Bibliography
[ABSTRACT]