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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal on the receipt of gift certificates around August 1, 2013 and around December 9, 2013, as to the receipt of gift certificates, bribery is sufficient to have received money and valuables in connection with the performance of duties, and there is no need to maintain an individual job act and a quid pro quo relationship. If a public official receives money and valuables or other benefits from a person subject to his/her duties from the person subject to his/her duties, it cannot be deemed that there is no connection with his/her duties, barring special circumstances, such as where it is deemed that the public official was merely an equivalent consideration in light of the social norms, or where it is clearly recognized that the person is in a personal friendly relationship with him/her, and where a public official received money and valuables in connection with his
Even if the received money is a bribe.
(1) In light of the aforementioned legal principles and the evidence duly admitted by the court below, the court below affirmed the judgment of the court of first instance on the following grounds: (a) gift certificates received from O twice on August 9, 201 and around December 201, 200 fall under a bribe in the nature of the act of official duty beyond the scope of private precedents; and (b) contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the burden of proof in the crime of bribery, cost, and duty relationship, or by misapprehending the legal principles on the burden of proof in the crime of official duties.
2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the grounds of appeal on the receipt of cash, the lower court, on the grounds indicated in its reasoning, committed a specific crime committed by the number of cash receipts worth KRW 10 million among the instant facts charged on September 16, 2013.