제3자뇌물취득
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Prosecutor 1) The failure of the lower court to impose an additional collection on the money and valuables delivered to the Defendant is unlawful. 2) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (one month of imprisonment) is too uneased and unreasonable.
B. The sentence imposed by the Defendant by the lower court is too unreasonable.
2. The necessary confiscation or collection under Article 134 of the Criminal Act as to the prosecutor’s assertion of misapprehension of the legal principles is the purpose of leaving a criminal in possession of unlawful profits by depriving the criminal of the pertinent property acquired by the criminal from his/her criminal. In cases where receiving money and other valuables in relation to the referral of matters belonging to the public official’s duties and delivered them to the relevant public official in relation to solicitation or under the pretext of solicitation in accordance with the purport of receiving part of the money and other valuables, the benefits of the part shall not actually belong to the criminal, and thus, the remaining money and valuables
(See Supreme Court Decisions 82Do1310 delivered on July 27, 1982, 93Do1569 delivered on December 28, 1993, 93Do1569 delivered on February 25, 1994, and 93Do3064 delivered on February 25, 1994, etc.). According to the evidence duly adopted and examined by the court below and the court below, the defendant asserted that the defendant offered most of the bribe he received from the investigation agency as it is to E., and E received all the remaining money, excluding a cash amount of one million won per annum No. 100,000 won per annum of the crime day list of this case and two hundred thousand won from the defendant (refer to evidence list Nos. 48 and 49 prosecutor's interrogation protocol as to E.), the defendant also received additional collection from the court of the trial to the defendant, and the part of the money and valuables that the defendant received was delivered to E.