beta
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal by Defendant A, even though money and valuables are given and received as a result of a political fund election fund, it does not lose the nature of a bribe as long as it has an substance as consideration for a political public official’s act of performing his/her duties. The crime of bribery is the legal interest directly protected by the law of the process of performing his/her duties and trust in society. As such, the crime of acceptance of bribe is established when the number of money received from the public official’s duties and money is in a quid pro quo relationship, the existence of a solicitation, and the quid pro quo relationship between individual act
(see, e.g., Supreme Court Decisions 97Do2609, Dec. 26, 1997; 2007Do4956, Aug. 23, 2007). The lower court upheld the first instance judgment convicting Defendant A of this part of the facts charged, on the ground that, in full view of the situation in which UA is faced, Defendant A’s management duties, and the amount of money received and used by Defendant A, the amount of KRW 10 million received from Defendant A, Ha on May 2010, was election funds as well as election funds, and the amount of money received and used by Defendant A was also considered as a bribe related to his duties.
In light of the relevant legal principles and records, the above fact-finding and judgment of the court below are just and acceptable, and there is no error of law by misapprehending the legal principles as to the requirements for establishment of bribery.
2. As to the Prosecutor’s Grounds of Appeal
A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes due to the prior acceptance of a bribe around May 2006, the prior acceptance of a bribe under Article 129(2) of the Criminal Act requires the acceptance of a solicitation unlike the case of simple acceptance of a bribe. Here, the solicitation refers to the request of a public official to perform a certain act of duties, and it is not asked whether the act of duties is unfair or not, and the solicitation must be explicitly stated.