The relationship between political funds and bribe and bribe, and the relationship between bribe;

Article 2(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 129 and 132 of the Criminal Act

Supreme Court Decision 96Do3377 delivered on April 17, 1997 (Gong1997Sang, 1354) Supreme Court Decision 96Do378 delivered on April 17, 1997 (Gong1997Sang, 1368) Supreme Court Decision 97Do2609 delivered on December 26, 197 (Gong198Sang, 475)

Defendant

Defendant

Attorney Park Sang-hoon et al.

Seoul High Court Decision 2007No341 decided June 1, 2007

The appeal is dismissed. 70 days out of detention days after the appeal shall be included in the original sentence.

The defendant and defense counsel's grounds of appeal are also examined.

Even if money and valuables are given and received under the pretext of political funds, election funds, etc., it does not lose the character as a bribe to the extent that it has an substance as a consideration for a political public official's act of performing his/her duties, and the crime of bribery is the legal interest of directly protecting the interests and interests of the public official's duties and the trust in society. As such, if the number of money received from the public official's duties and money is in a quid pro quo relationship, the crime of acceptance of bribe is established, and there is no need to consider the existence of solicitation and the special relationship between the individual act of performance, and there is no need to specify the duty (see Supreme Court Decision 97Do2609 delivered on December 26,

In light of the above legal principles and records, it is just to maintain the judgment of the court of first instance which found the defendant guilty of the crime of bribery against the defendant, and there is no error of misconception of facts or misapprehension of legal principles due to violation of the rules of evidence.

Therefore, the appeal shall be dismissed, and 70 days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-ran (Presiding Justice)