Article 5 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes ("the Act on the Aggravated Punishment, etc. of Specific Economic Crimes") refers to all duties that an executive or employee of a financial institution handles in his/her position. It includes not only the duties belonging to his/her authority but also the duties closely related thereto and affairs that are actually handled in relation thereto. However, it cannot be said that the duties that an executive or employee of a

(2) In light of the social norms, it is difficult to view that a financial institution’s officers or employees receive money, valuables, or other benefits from a customer (see, e.g., Supreme Court Decisions 9Do4942, Feb. 22, 2000; 9Do4942, Feb. 22, 2000). Meanwhile, where an officer or employee of a financial institution received money, valuables, or other benefits from the customer’s customer, he/she is merely an exceptional payment in light of the social norms, or there is no relation with his/her duties,

(See Supreme Court Decision 97Do2836 delivered on February 10, 1998, etc.). In a case where the nature of the money and valuables received by an employee or employee of a financial institution under Article 5 of the above Act as compensation for an act of duties and a case concerning an act other than duties is indivisiblely combined, such money and valuables have the nature of consideration for an act of duties inseparably, and the same applies to the determination of the amount of money and valuables received by an employee or employee of a financial institution under

(see, e.g., Supreme Court Decision 2002Do46, Aug. 23, 2002). The lower court, based on its stated reasoning, held that the Defendant, a business director of D Co., Ltd., is E.