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(영문) 대법원 1959. 5. 22. 선고 4292형상129 판결

[수회,증회][집7형,002]

Main Issues

In case of a joint acceptance of a bribe, if the consignee has returned the bribe to the receiver, and if the consignee has re-refited a part of the bribe to another person, the confiscation and collection of the bribe shall be levied.

Summary of Judgment

When several persons have jointly accepted a bribe, the amount of the distributed bribe shall be confiscated, and when the bribe has been returned to the person who has accepted the bribe, the amount of the bribe shall be collected from the person who has accepted the bribe, and when the person who has received the bribe has again accepted part of the bribe, the balance shall be collected in addition to the confiscation.

[Reference Provisions]

Article 383 subparagraph 7 of the Criminal Procedure Act, Article 383 subparagraph 16 of the Criminal Procedure Act

Appellant, Defendant

Defendant

Judgment of the lower court

The Gwangju metropolitan area, the second-class Gwangju metropolitan area, etc.

Reasons

The purpose of additional collection is to prevent the number of persons from holding illegal profits. Thus, if several persons jointly collect the distributed money from the number of persons, and if the number of persons have returned the circuit to the number of persons, it shall be collected from the number of persons so that the remaining amount shall be collected. If the number of persons have returned part of the circuit received from the non-indicted 150,000 won, the amount distributed by the defendant from the non-indicted 150,000 won for travel expenses, and the other is obvious by the record, and it is obvious that there is no interest in the illegal possession from the defendant, and thus, the original judgment should be collected from the defendant on the grounds of the previous statement, but it is obvious that there is any error in the application of the law that the collection of money1,793,000 won has an effect on the conclusion of the judgment, and thus, it is obvious that the original judgment has an effect on the conclusion of the judgment.

Justices Kim Jong-soo (Presiding Justice)