The method of confiscation where a bribe received jointly is distributed;

Where several persons jointly distribute a bribe received in lots, only the money and valuables actually distributed from each person shall be confiscated or collected as a penalty.

Article 134 of the Criminal Act

Supreme Court Decision 4293Do129 Decided May 22, 1959 (No. 72), 69Do2225 Decided January 27, 1970 (No. 18Do1963 Decided April 22, 1975) (Gong1975,8468)

Defendant

Defendant

Gwangju District Court Decision 92No1096 delivered on June 25, 1993

Each of the judgment of the court below and the judgment of the court of first instance shall be reversed.

2,000,000 won shall be additionally collected from the defendant.

The remaining appeals are dismissed.

1. Judgment on the first ground for appeal by the defendant

If the evidence adopted by the court of first instance (in particular, the fact that the defendant led to the confession of the crime in the court of first instance) maintained by the court below is examined by comparing it with the records, the fact that the defendant accepted the bribe in relation to his duties can be sufficiently recognized, and it cannot be deemed that there was an error of law that erroneously recognized the facts in violation of the rules of evidence, such as making the confession of the defendant not voluntarily stated as the theory

2. Determination on the ground of appeal No. 2

Where several persons jointly distribute a bribe, only the money and valuables actually received from each person shall be confiscated or collected as a penalty (see, e.g., Supreme Court Decision 69Do2225, Jan. 27, 1970; Supreme Court Decision 73Do1963, Apr. 22, 1975; etc.). According to relevant evidence and records, as determined by the first instance court, the defendant jointly with Nonindicted 3, etc., who is the first class of Nonindicted 2, who is the first class of the tax office and the corporate tax system, at the time when he works for the tax office and the corporate tax system, received a bribe of KRW 7 million,00,000, and then delivered it to Nonindicted 2, but later consumed only KRW 2,00,000, the amount to be collected from the defendant in this case shall be KRW 2,000,000.

Nevertheless, the court below dismissed the defendant's appeal against the judgment of the court of first instance, which collected 7,00,000 won, which is the full value of the bribe originally received by the defendant from the defendant. Thus, the court below erred by misapprehending the legal principles as to the requirements for collection of additional charges, and it is clear that such illegality has affected the conclusion of the judgment. Thus, there is a reason to point out this issue, and the part of the judgment of the court below as to additional collection cannot be reversed.

3. Therefore, according to Articles 391 and 396(1) of the Criminal Procedure Act, each part of the judgment of the court below and the judgment of the court of first instance concerning additional collection shall be reversed, and since it is impossible to confiscate 2,00,000 won of a bribe distributed to the defendant, the equivalent amount shall be additionally collected in accordance with Article 134 of the Criminal Act. Since the remaining grounds for appeal by the defendant are groundless, it shall be dismissed in accordance with Articles 399 and 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent

Justices Kim Yong-sung (Presiding Justice)