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(영문) 대법원 2014.12.24 2014도10199
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Aggravated Punishment Act”) by Defendant A and H related to the development of emergency diesel power plant and alternative exchange power generation and the offering of bribe by Defendant G

A. (1) With respect to the remainder of the argument except for the content and value of a bribe and the assertion on the Protection of Public Interest Reporters Act, where a public official received money, valuables, or other benefits from a person subject to his duties from the person subject to his duties, it shall be deemed that such person has been paid or received from the previous public official, and it is merely an equivalent amount in light of the social norms, or it shall not be deemed that there is no relation with his duties, barring any special circumstances, such as where it can be clearly recognized that his personal relationship is due to the need for

If a public official received money or valuables in relation to his/her duties, even if he/she received money or valuables by lending the form of a private will, such money or valuables shall be a bribe (see, e.g., Supreme Court Decision 2001Do6721, Jul. 26, 2002). Whether a public official’s profit constitutes a bribe as an unjust profit having a quid pro quo relationship, which constitutes a bribe, or is due to an exceptional cost or a demand for the division of personal friendly relations in accordance with social rules, is irrelevant to his/her duties, or not, should be determined by taking into account the details of the relevant public official’s duties, the relationship between the public official and the provider of benefits, the details and timing of the receipt of benefits

(see, e.g., Supreme Court Decisions 2005Do4737, Feb. 24, 2006; 2013Do9003, Nov. 28, 2013). Joint principal offenders under Article 30 of the Criminal Act are intent of joint processing.

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