In the event that a public official pension is mediated to deposit in a bank and the money is received, the sex of the crime of mediation and taking over (affirmative)

In a case where the defendants, who are not public officials, arranged to deposit the public officials pension at the branch of Korea-Japan Bank, which is a public official's jurisdiction, and receive money as a case, it constitutes the crime of mediation and acceptance under Article 3 of the Act on the Aggravated Punishment, etc.

Article 3 of the Aggravated Punishment Act

Defendant 1 and one other

Defendants

Seoul High Court Decision 80No198 delivered on March 11, 1982

All appeals are dismissed.

The grounds of appeal are also examined.

1. It is evident that the offense of good offices taking place under Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes is a penal provision in cases where a person who is not a public official arranges matters concerning the duties of a public official and receives money or valuables. According to the reasoning of the judgment below, the Defendants received money in the judgment of the court below as a case where the Defendants arranged the public official pension of KRW 300,000,000, which is under the jurisdiction of the public official in charge of general affairs, to offer a fixed deposit to the branch of Korea-Japan branch, respectively, and thus, received the money of each of the judgment. Thus

2. In this case, it is clear that the mistake of facts and the imposition of sentencing are not a legitimate ground for objection under the provisions of Article 383 of the Criminal Procedure Act, and there is no theory in this regard.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeon Soo-hee (Presiding Justice)