Main Issues
Even if there is a fact that the defendant has appropriated money as a bribe for accommodation or vehicle operation expenses of a person who is engaged in official business, it is reasonable to collect money from the defendant as a bribe.
Summary of Judgment
Even if the money received as a bribe has been used as a bribe in other places or for accommodation or vehicle operation expenses of persons engaged in official duties, it is reasonable to collect the money from the defendant as a bribe because it is not only a means of consumption.
[Reference Provisions]
Article 48 of the Criminal Act
Defendant-Appellant
Defendant
Judgment of the lower court
Incheon support in the first instance court, Seoul Criminal District Court Decision 70No242 delivered on October 1, 1970
Text
The appeal is dismissed.
Reasons
The defendant's grounds of appeal are examined.
According to the reasoning of the judgment of the court below, the court below acknowledged that the receipt of money by the defendant from among the money provided to the defendant to the purport that the improper solicitation in the judgment of the court below was requested as stated in the judgment of the court below constitutes 50,00 won, and recognized that it is impossible to confiscate money 450,000 won from among the money received as a bribe, and therefore, the judgment of the court below that collects money from the defendant is just and there is no choice but to collect money from the defendant. Among the bribe received by the defendant, it is provided to the purport that it causes another person's misconduct by consuming it later, or it is offered to the purport that it causes another person's misconduct by consuming it later, or it is appropriated for expenses for accommodation or vehicle operation by the defendant, such as the defendant, even
There is no reason to appeal that it is improper to collect the full amount of 450,000 won from the defendant to the defendant.
Therefore, the appeal is dismissed by the assent of all participating judges. It is so decided as per Disposition.
Judge Han-dong (Presiding Judge) of the Supreme Court