Whether it is necessary to give or receive money or goods in light of actual consumption or illegal acts or illegal convenience in the establishment of the crime of giving or receiving money or goods under Article 39 subparagraph 7 of the Certified Architects Act.

Where a certified architect who conducts an investigation and inspection necessary for building administration receives unfair money and valuables in relation to the performance of his/her duties, an offense of violation of Article 39 subparag. 7 and Article 23-2 of the Certified Architects Act is established, and the money and valuables received have not been consumed, and the above offense is not established on the ground that there is no illegal act or unfair convenience for a money and valuables provider.

Article 39 subparagraph 7 of the Certified Architects Act, and Article 23-2 of the Certified Architects Act.

Defendant

Defendant

Seoul Criminal Court Decision 87No1011 delivered on July 23, 1987

The appeal is dismissed.

We examine the grounds of appeal.

The issue is that the appellate court, which was not a ground for appeal, did not have been judged by the original appellate court, which was the ground for appeal, and therefore, it cannot be presented as the ground for appeal. In addition, in case where a certified architect who conducts necessary investigation and inspection concerning construction administration receives unfair money and valuables in relation to the performance of his/her duties, an offense of violation of Article 39 subparagraph 7 and Article 23-2 of the Certified Architects Act is established, and there is no consumption of such money and valuables, and there is no illegal act or unfair convenience in respect of a money and valuables provider for a money and valuables provider. In addition, the above crime is not established, since the amount of money and valuables received over 26 times is a sum of KRW 50,000,000 and KRW 3,700,000,000,000,000 won at one time

All arguments can not be accepted in any way.

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

Justices Yellow-ray (Presiding Justice)