B LAW402 Lecture Notes - Actus Reus, Corrupt Bargain, Korean People'S Army
8 Apr 2014
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The accused was charged with four counts of corruptly accepting a reward or benefit contrary to: 426(1)(a) of the criminal code. He was one of the principals of a company (kpa) which offers, for a fee, financial planning services, including advice respecting investment in real estate and tax planning strategies. In 1980, the accused persuaded a property development company to give kpa the exclusive right to sell the units of its murb project. Kpa sold all the units, mainly to its clients, within the relatively short time prescribed in the agreement and received a commission from the development company for each unit sold. These commissions were the same as those which the development company would have paid to any salesman. At trial, the evidence indicated that kpa"s clients were unaware of the commissions paid by the development company to kpa.
