Return of a bribe received and the crime of bribery

If a bribe is received as the intention of acquiring it once it is returned, there is no complaint for the establishment of the crime of bribery, and even if the amount received by the defendant was returned after about two months, it is reasonable to consider that the defendant received it as the intention of acquiring it once in light of the period of return until it is returned.

Article 129 of the Criminal Act

Supreme Court Decision 78Do2125 Decided June 12, 1979, Supreme Court Decision 79Do1124 Decided July 10, 1979

Defendant

Prosecutor and Defendant

Daegu District Court Decision 81No2066 delivered on May 13, 1982

All appeals are dismissed.

1. First, the Prosecutor’s ground of appeal is examined.

The court below rendered a verdict of innocence on the charge of acceptance of bribe (3) against the defendant, on the ground that there is no proof of the crime. The court below is just in comparing the process of the preparation of evidence with the records in taking such measures, and there is no illegality of violating the rules of evidence, such as the theory of lawsuit, and therefore there is no ground for appeal.

2. We examine the Defendant’s grounds of appeal.

In comparison with each evidence in the reasoning of the judgment of the court of first instance cited by the court below, it is sufficient to acknowledge a crime that accepts a bribe in relation to the duties of the court of first instance (1), (2), and (4) of the judgment of the court of first instance, and there is no illegality in recognizing facts without any evidence, such as the theory of lawsuit, and even if a bribe is received as a result of acquiring it, if it is returned, it is not a complaint for the establishment of the crime of bribery. The purport of the judgment of the court below is that even if it was returned at the end of June of the same year after about 2 months, it was received as a result of acquiring it, in view of the period of return, even if it was returned at the end of June of the same year, and that the defendant's defense was received as a result of the intention to return it, and the above measures of the court of first instance are also acceptable in light of the records, and it is not a case of this case, and it is not proper to acknowledge the above crime (2).

Therefore, all appeals are without merit, and they are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kang Jong-young (Presiding Justice)