Cases where it is difficult to deem that a public official receives money in connection with his duties.

Cases where it is difficult to deem that a public official receives money in connection with his duties.

Article 129 of the Criminal Act

Defendant

Prosecutor

Seoul High Court Decision 78No839 delivered on January 15, 1980

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

The court below, despite the fact-finding that the defendant was aware of the fact-finding that he received money, but supported the work of the court below 20 and 3 times a month in accordance with the direction of the Gwanak-gu Office of Civil Engineering, so it is difficult for the defendant to promptly receive compensation from the non-indicted 1, etc., who was the owner of the land incorporated into the section for the expansion of the provisional rearrangement project, as stated in its decision, and to request the former Gwanak-gu Office Park Hong to request the compensation for the first time in order to do so. The court below's finding that it was difficult for the non-indicted 2 to support the work of preparing a cadastral map, land record, etc. related to the payment of the land at the time, or that the public official's compensation related documents related to the non-indicted 1, etc. in this case were already listed in the Seoul Special Metropolitan City's budget at the time of receiving the above request, and that it is hard to find out that there was no other evidence that the public official's request was in violation of the law of the Seoul Special Metropolitan City's office's budget or other evidence.

In the case of accepting bribery, the term "related to the duties" includes not only the acts belonging to the authority and authority, but also the cases closely related to the duties, and also the preparation of the subsidiary affairs such as the drawing of the defendant's ruling is related to the affairs of paying the compensation. However, as mentioned above by the court below, the solicitation of the parties to receive the money and valuables should be made soon in the Gu office in solicitation of the Seoul Metropolitan Government budget, and it should not be said that there was a failure to draw up the drawing of the construction area in a different way. Thus, it cannot be viewed that the defendant's duties are the receipt of money and valuables in relation to his duties solely on the ground that the defendant's duties are related to the affairs of handling the compensation, and there is no error of law of misunderstanding the legal principles of bribery.

Therefore, since all arguments are without merit, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kang Young-young (Presiding Justice)