[1] The meaning of "duty" in the crime of bribery

[2] The case recognizing the duty relationship of bribery on the ground that the chairman of the City Council has a position to affect the deliberation of the City Council on the land readjustment project

[1] In the crime of bribery, the term "duty" includes not only the duty under the control of the law, but also the act closely related to the duty, or the act under the custom or the actual jurisdiction, and the act of assisting or affecting the decision-making authority.

[2] The case recognizing the duty relationship of bribery on the ground that the chairman of the City Council has a position to affect the deliberation of the City Council on the land readjustment project

[1] Article 129 of the Criminal Act / [2] Article 129 of the Criminal Act

[1] Supreme Court Decision 80Do1373 delivered on October 14, 1980 (Gong1981, 13413), Supreme Court Decision 94Do619 delivered on September 9, 1994 (Gong1994Ha, 2675), Supreme Court Decision 96Do865 delivered on June 14, 1996 (Gong196Ha, 2286)

Defendant

Defendant

Attorneys Yoon Young-young et al., Counsel for the defendant

Busan High Court Decision 94No1396 delivered on April 19, 1995

The appeal is dismissed.

Defendant’s defense counsel’s grounds of appeal (including the grounds of appeal by the public defender)

Examining the evidence duly examined and adopted by the court below and the court of first instance in light of the record, it is just to accept the court below's finding that the defendant, who was the chairman of the City Council, was provided money and entertainment as shown in the attached Form of the court of first instance in relation to the land readjustment project under the plan for the land readjustment project, which is planned at 60,00,00 in the Seoul Special Metropolitan City, Ulsan Special Metropolitan City, Ulsan Special Metropolitan City, which is the 60,000 square meters from the non-indicted, and there is no violation of the rules of evidence, such as the theory of lawsuit, or any

In addition, the term "duty" in the crime of bribery includes not only the duties under the control of the law, but also the duties under the jurisdiction of the public official, or the duties under the customs or actual jurisdiction, and the duties that may assist or affect the decision-making authority (see, e.g., Supreme Court Decision 80Do1373, Oct. 14, 1980). According to the records, it can be known that the land owner's establishment of a rearrangement project is subject to the deliberation of the City Council in practice, and the defendant who was the chairman of the City Council is in a position that may affect the City Council's deliberation on the said rearrangement project, and therefore is related to the duties. The judgment of the court below is just, and there is no error in the misapprehension of legal principles as to the crime of bribery or in the incomplete deliberation as pointed out. All arguments are without merit.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Chang-tae (Presiding Justice)