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(영문) 대법원 2015.11.12 2015도12174
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. On the first to third grounds

A. Acceptance of a bribe in relation to a referral of matters pertaining to the duties of another public official under Article 132 of the Criminal Act

corporation is an act of receiving a bribe under the pretext of arranging matters belonging to another public official's duties, and it is not necessarily necessary to specify the contents of other public officials who are the other party to the good, or their duties.

However, in order to establish the crime of mediation acceptance, matters to be arranged are matters belonging to the duties of other public officials, and it should be specified to a certain extent that the name of the acceptance of acceptance is related to the mediation of the matters, and the other party can receive any assistance if it is well visible to the person who has received the acceptance of the bribe.

It is only limited to the degree that there is no possibility or possibility of causing damage, and the mere fact that the recipient of a bribe has received a bribe while considering that the other party has such expectation, the mere fact that the recipient of the bribe has received it cannot be deemed to constitute the crime of mediation acceptance. On the other hand, in order to establish the crime of mediation acceptance, there is no need to establish any pending issue that must be resolved by mediation to the other party at the time of the receipt of the bribe.

(see, e.g., Supreme Court Decisions 200Do2968, Oct. 26, 2001; 2009Do3924, Jul. 23, 2009). Meanwhile, if a single and continuous criminal committed the same kind of crime in a single and continuous criminal offense for a certain period and the legal benefit of the damage is the same, the person who received money, valuables, or entertainment is over a considerable period of time, and a considerable period of time exists between the date on which money, valuables, or entertainment was received.

Each crime is committed.

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