The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. Since the key to the money No. 8 of the annexed list of crimes committed by mistake of facts and misapprehension of legal principles was received as a retirement commemorative after the Defendant voluntarily retired and then received from H, the Defendant cannot be punished as a crime of acceptance of bribe as there is no relevance to duties.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended sentence, fine 26.2 million won, community service, 120 hours, additional collection 13.8 million won) is too unreasonable.

Judgment

A. The crime of acceptance of bribe is established when the official duties and money of a public official are in a quid pro quo relationship, and there is no need to consider the existence of solicitation and the quid pro quo relationship for each individual act of official, and there is no need to specify the act of official.

Meanwhile, in the crime of bribery, the duties of a public official include not only the duties under the control of the law, but also the duties closely related to such duties, such as customs or actual duties under the jurisdiction of the decision-making authority, and the duties that may assist or influence the decision-making authority (see Supreme Court Decision 2010Do13584, Dec. 23, 2010). Whether a certain profit gained by a public official constitutes a bribe as an unjust profit having a quid pro quo relationship, such as the duty contents of the relevant public official, the relationship between the duties and the provider of the benefits, whether there is a special private relationship between both parties, the degree of profit and the time of receiving the benefit, etc. In light of the fact that the crime of bribery is protected by the law-making process of performing the duties, the trust in the society, and the non-purchase of the act of performing the duties, whether it is doubtful that a public official receives the benefit and thus, the fairness in the performance of duties