Breach of trust
Under Article 247 of the Penal Code, a person is guilty of an offence if, while he is in charge of the affairs of another, he commits an act in breach of his legal duty and causes financial loss to another, for the purpose of promoting his own interest or the interests of a third party, or inflicting damage on another.
Therefore, if a person in a private company receives a bribe, and as a result the company was induced to enter into a disadvantageous contract and suffered financial loss, it may constitute an offence of breach of trust.
Breach of trust by a director, manager, auditor etc
Under Article 960 of the Company Act, a person shall be guilty of an offence if, for the purpose of promoting their own interest, the interests of a third party or inflicting damage on a limited liability company (limited by company shares), he commits an act in breach of his duties and/or causes financial damage to a limited liability company.
A person for the purposes of this offence includes an incorporator, director, accounting advisor, company auditor, executive officer, manager or inspector.
Bribery received by or given to a director, manager, auditor etc
Under Article 967 of the Company Act, a person is guilty of an offence if an incorporator, director, accounting advisor, company auditor, executive officer, manager or inspector, accepts, solicits or promises to accept, or has given, offered or promised to give, financial benefits in connection with their duties, in response to an illegal request.
Bribery in relation to the rights of shareholders
Under Article 970 of the Company Act, a person is guilty of an offence if any directors or employees of a Stock Company give financial benefits on account of such Stock Company or its subsidiary in relation to the exercise of a right of a shareholder. Article 968 increases the maximum penalty, if the benefit is in response to a wrongful request.