Among them, the collection part against the Defendants is reversed, and this part of the case is remanded to the Suwon District Court Panel Division.

1. As to the grounds of appeal by the prosecutor and the defendant B

A. Article 86(1) of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission (hereinafter “Corruption and Civil Rights Commission Act”) punish a public official to obtain goods or pecuniary benefits using confidential information that he/she has learned in the course of performing his/her duties. In cases where the market price is lower than the actual value of property without reflecting the aforementioned information, if a public official who becomes aware of confidential information in the course of his/her duties purchases the goods at a low price using such opportunity, then such act constitutes an offense provided for in the above Act immediately when he/she purchases the goods by taking advantage of confidential information that he/she has learned in the course of performing his/her duties provided for in the above Act.

(See Supreme Court Decision 2006Do4888 Decided November 9, 2006). In a case where a public official acquired goods in his/her name using a secret known to him/her in the course of performing his/her duties, where another person acquired the goods in his/her name, the other person acquired the goods as a private person or proxy of the public official, or where the ordinary public official bears other person’s living expenses, etc.

If it is possible to evaluate the acquisition of property by another person as directly acquired by a public official under generally accepted social norms due to the circumstances such as the former or the latter’s liability for the debt, it cannot be deemed that a third person has acquired property (see, e.g., Supreme Court Decision 2003Do8077, Mar. 26, 2004). In such a case, if it is impossible to confiscate the property acquired pursuant to Article 86(3) of the Act on Prevention of Corruption, it shall be deemed that the said public official has acquired the property.