Main Issues

In a case where the chief executive officer of the National Agricultural Cooperative Federation was dispatched to the distribution of the Agricultural Cooperatives Federation, a subsidiary, and received money from the meat processing company in connection with his/her duties, the case affirming the judgment below holding that the crime of bribery under Article 129 (1) of the Criminal Act is established since the above defendant is deemed a public official under Article 4 (1) of the Act on the Aggravated Punishment

[Reference Provisions]

Article 129(1) of the Criminal Act, Article 4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 2 subparag. 48 and Article 3 subparag. 1 of the former Enforcement Decree of the Aggravated Punishment, etc. of Specific Crimes Act (amended by Presidential Decree No. 16081, Dec. 31

Reference Cases

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 2 others (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

Escopics

Defendant

upper and high-ranking persons

Defendant

Defense Counsel

Attorney Lee Woo (Korean), et al.

Judgment of the lower court

Seoul High Court Decision 2001No2759 Delivered on January 25, 2002

Text

The appeal is dismissed.

Reasons

The court below held that the defendant's act of receiving money in relation to his duties constitutes the crime of bribery under Article 129 (1) of the Criminal Act because he was dispatched to the National Agricultural Cooperative Federation distribution as the chief executive officer of the National Agricultural Cooperative Federation and received money from the meat processing company as the chief executive officer. In accordance with Article 4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 2 subparagraph 48 of the Enforcement Decree of the same Act, and Article 3 subparagraph 1 of the same Act, the defendant shall be regarded as the public official in the application of the crime of bribery under the Criminal Act. In addition, the agricultural distribution company is a company established by the National Agricultural Cooperative Federation to contribute the total amount of its capital for the smooth performance of its duties, and the defendant's duties are not different from the National Agricultural Cooperative Federation's duties.