In the event that money and valuables are received with the intention to return them later, the part of the crime of acceptance of bribe (negative)

The acceptance of a bribe refers to the acceptance of a bribe with the intention of acquiring it, and if it is merely a receipt of a bribe as an intention to return it in the future, it cannot be said that it is a acceptance of a bribe.

Article 129 of the Criminal Act

Supreme Court Decision 79Do1314 Decided July 10, 1979, Supreme Court Decision 84Do1082 Decided January 22, 1985

Defendant 1 and one other

Defendants

Attorney Kim Jong-chul (Defendant 1)

Chuncheon District Court Decision 88No720 delivered on December 22, 1988

The part of the lower judgment against Defendant 1 is reversed, and that part of the case is remanded to the Panel Division of the Chuncheon District Court.

Defendant 2’s appeal is dismissed.

1. First, Defendant 1’s appeal is examined as grounds for appeal.

According to the reasoning of the judgment of the court of first instance maintained by the court below and the court below, Defendant 1 received 50,00 won in cash from the above 30-day office at around 10:00 on June 23, 1987, and the above 10-day office at around 16:00 on July 25 of the same year and convicted Defendant 1 of the facts charged that he received 140,000 won in relation to his duties and received 7-day rents at around 0:0 on the above 10-day office at the 10-day office at the 10-day office at the 10-day office at the 10-day office at the 10-day office, and the above 10-day office at the 10-day office at the 10-day office at the 10-day office at the 10-day office at the 19-day office at the 10-day office at the 10-day office. However, it is difficult to accept 97-day rents.

The judgment of the court below finding Defendant 1 guilty of the facts charged in this case is erroneous in violation of the rules of evidence or misunderstanding the legal principles of the crime of acceptance of bribe, which affected the conclusion of the judgment. Therefore, the appeal pointing this out is

2. Next, Defendant 2’s grounds of appeal are examined.

According to the evidence adopted by the court of first instance maintained by the court below, the facts constituting the crime against Defendant 2 can be recognized, and there is no error of incomplete deliberation or rules of evidence such as the theory of lawsuit. The arguments are groundless.

3. Therefore, the part of the judgment of the court below against Defendant 1 is reversed, and that part of the case is remanded to the court below. Defendant 2's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon So-young (Presiding Justice)