Where a cashier's checks are consumed as a bribe and the amount equivalent to the face value is returned, it shall be additionally collected.

Even if a cashier's checks were received as a bribe and used as a bribe, and returned the amount of the cashier's checks to the mineer, such checks cannot be confiscated and the equivalent amount should be collected.

Articles 48 and 134 of the Criminal Act

Defendant

Defendant

Attorney Jeju Jinology

Seoul High Court Decision 82No1587 delivered on August 25, 1982

The appeal is dismissed.

The grounds of appeal by state appointed defense counsel are examined.

According to the records, the defendant received two copies of the cashier's checks from the non-indicted who is the trusted and consumed them as a bribe, and then returned the amount equivalent to the above amount to the non-indicted for living expenses. Thus, even if the defendant returned the amount equivalent to the cashier's checks received by the non-indicted as in this case, such a bribe itself cannot be confiscated, and the equivalent amount cannot be collected from the defendant. Thus, the collection measures against the defendant against the non-indicted cannot be collected from the non-indicted, and there is no reason to issue the argument on the premise that the bribe itself was returned to the non-indicted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ju (Presiding Justice)