If a bribe received is consumed, and such amount has been returned, whether the value is additionally collected.

In the case of the bribery, if it is impossible to confiscate the bribe because the consignee consumess the bribe received once, the equivalent amount shall be collected from the receiver even if the amount of the bribe was returned to the receiver.

Article 134 of the Criminal Act

Supreme Court Decision 66Do1666 Decided January 24, 1967 83Do1313 Decided December 27, 1983

Defendant

Defendant

Attorney (National Election)-at-law

The Army, High Military Court Decision 86 Paragraph 51 delivered on April 29, 1986

The appeal is dismissed.

The grounds of appeal by the defendant and the public defender are examined together.

1. According to the trial evidence of the court below, the defendant can sufficiently prove the fact that he received a bribe of 1.2 million won from the representative of the military supply company of the military supply company, under the pretext of a change in the military payment in good respect as stated in its reasoning, and the court below is just in the process of the above fact-finding and there is no error of incomplete deliberation or in violation of the rules of evidence against the rules of evidence.

2. In the case of the acceptance of bribe, when the acceptance of bribe is consumed and it is impossible to confiscate it, the equivalent amount should be collected from the acceptance of the bribeer even after the acceptance of the bribe was returned to the receiver. Thus, the court below is just and there was no misapprehension of the legal principles as to the collection of the bribe.

3. All arguments are without merit, and the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Yoon-tae (Presiding Justice)

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