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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2024Do15789 Decided April 10, 2025 【Violation of the Act on the Aggravated Punishment of Specific Economic Crimes (Acceptance of Property, etc.); Violation of the Act on the Aggravated Punishment of Specific Economic Crimes (Giving of Property, etc.); Aiding and Abetting Violation of the Act on the Aggravated Punishment of Specific Economic Crimes (Acceptance of Property, etc.)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 (1) Where any executive or employee of a financial company, etc. makes any money and valuables or other benefits given to a third person instead of directly accepting any money and valuables or other benefits, requirements to constitute any crime of acceptance of property, etc. as referred to in Article 5(1) of the Act on the Aggravated Punishment of Specific Economic Crimes Whether this is likewise applicable in the case of demanding or promising to receive any money and valuables or other benefits (affirmative) (2) Meaning of the phrase “what are deemed to be connected with the relevant case” as a requirement for conducting seizure, search, or inspection under a warrant pursuant to Article 215(1) of the Criminal Procedure Act, and, in such a case, the scope within which objective relevance to the criminal suspicion stated in the search and seizure warrant may be recognized Standard for determining whether there is a specific and individual connection sufficient to recognize objective relevance Whether secondary evidence derived therefrom as well as evidence collected by investigative agencies in violation of the procedures prescribed by the Constitution and the Criminal Procedure Act can be used as evidence for being guilty (negative in principle), and the exceptional circumstances under which the court can admit the above evidence as evidence of guilt. | |
