[특정범죄가중처벌등에관한법률위반,뇌물][공1991.9.15.(904),2278]
A. The meaning of the public official's taking advantage of his status in the crime of good offices accepted bribery
(b) The case holding that in case where the viewing urban community head has received the money paid under the pretext of changing the project implementation date by soliciting public officials belonging to the construction department who have given answers to the local area in order to determine whether to implement the land readjustment project, it constitutes the crime of good offices bribery;
(a) In the case of the bribery charge, the public official uses his status shall be sufficient if the public official has a relationship that may affect the administration handled by another public official, and it does not necessarily require that the public official has a special position such as superior relationship, cooperative relationship, supervisory authority, etc.
(b) The case holding that in case where the viewing urban fraternity in charge of the affairs, such as a land readjustment project, received the money paid under the pretext of a request for the authorization of project implementation by soliciting public officials belonging to the construction division which has been given a local answer, in order to determine whether to implement the land readjustment project, it constitutes the bribery mediation.
Article 132 of the Criminal Act
A. Supreme Court Decision 70Do2743 decided Mar. 31, 1971 (No. 1990, 429) 86Do1138 decided Jan. 19, 198 (Gong1988, 465) 89Do2018 decided Dec. 26, 1989 (Gong190, 429)
Defendant
Defendant
Attorney Cho Jong-soo et al.
Busan High Court Decision 90No571 delivered on April 18, 1991
The appeal is dismissed.
The grounds of appeal are examined.
According to the reasoning of the judgment of the court below, the court below affirmed the judgment of the court of first instance that the defendant, who was in charge of the affairs such as the land readjustment project, as the 1st City urban community head, has received the money in the judgment of the court of first instance, in order to decide whether to implement the land readjustment project from co-defendant 2 in the court of first instance, in favor of the public officials belonging to the construction division which has been landed in the field, and paid the money under the pretext of requesting the project approval date. In light of the records, the court below's fact-finding is acceptable, and there
In regard to the crime of mediation and acceptance of bribery, a public official's use of his status shall be sufficient if there is a relation that may affect the affairs handled by another public official, and it does not necessarily require that the public official has a special position such as a superior relationship, cooperative relationship, and supervisory authority. Therefore, the court below did not err by misapprehending the legal principles as to the rate of defendant's second-hand as the crime of mediation and acceptance
In addition, even if the defendant received the money as entertainment expenses, it shall not be considered as the consideration for good offices in this case. All 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 Yong-ju (Presiding Justice)