Page title background (PC version)Page title background (mobile version)

Practice Areas

Crime of Acceptance of Money Through Good Offices in Bribery

The crime of acceptance of money through good offices in bribery is a serious criminal offense established when a person, under the pretext of mediating a matter falling within the duties of a public official, accepts, demands, or promises money, goods, or benefits.

CONTENTS
  • 1. Crime of Acceptance of Money Through Good Offices in Bribery | Definition
    • - Requirements for Establishment
    • - Notable Points
    • - Differences Between Acceptance of a Bribe Through Good Offices and Acceptance of Money Through Good Offices
  • 2. Crime of Acceptance of Money Through Good Offices in Bribery | Punishment Standards
    • - Level of Punishment
    • - Sentencing Guidelines
  • 3. Crime of Acceptance of Money Through Good Offices in Bribery | Understanding the Circumstances
    • - Establishing the Facts and Denying Consideration
    • - Denial of Intent and Intention to Broker
    • - Voluntary Return and Recovery of Damage
    • - If You Need Legal Assistance

1. Crime of Acceptance of Money Through Good Offices in Bribery | Definition

Crime of Acceptance of Money Through Good Offices in Bribery Level of Punishment Practice Area

The crime of acceptance of money through good offices in bribery refers to the act of mediating a matter falling within the duties of a public official and, in return, giving and receiving money, goods, or benefits.

It is commonly thought that the crime of bribery applies only to public officials or persons engaged in work related to the execution of official duties; however, the crime of acceptance of money through good offices in bribery may also be established when an ordinary person, such as an officer or employee of a financial company, acts as the mediator.

Requirements for Establishment

① An act of mediating a matter falling within the duties of a public official

② Where money, goods, or benefits are accepted, demanded, or promised under the pretext of good offices

③ The crime may be established even where the public official or duties subject to the good offices are not specifically identified

④ Actual receipt of money, goods, or benefits

Notable Points

Whether there was a relationship of consideration between the mediation of a matter falling within the duties of a public official and the money or goods received is determined by comprehensively considering various circumstances such as the following.

▷ The content of the good offices

▷ The personal relationship between the mediator and the provider of the benefit

▷ The scale of the money or goods and the circumstances and timing of the exchange

When these factors are considered comprehensively and as a whole, it is sufficient if a relationship of consideration between the act of good offices and the money or goods is recognized.

Meanwhile, where the money or goods received by the mediator have an inseparable combination of the character of consideration for the act of good offices and the character of consideration for another act, the entire amount of money or goods is regarded as consideration for the act of good offices.

Differences Between Acceptance of a Bribe Through Good Offices and Acceptance of Money Through Good Offices

Both acceptance of a bribe through good offices and acceptance of money through good offices refer to the act of receiving money or goods through an act of good offices related to the duties of a public official; however, they differ in their subject and punishment provisions.

Category

Acceptance of a Bribe Through Good Offices

Acceptance of Money Through Good Offices

Subject

A public official

A person who is not a public official

Object

The duties of another public official

The duties of a public official

Act

The act of using one's position to mediate a matter falling within the duties of another public official and accepting, demanding, or promising money or goods

The act in which a person who is not a public official mediates a matter falling within the duties of a public official and accepts, demands, or promises money or goods

Statute

The Criminal Act

The Act on Aggravated Punishment of Specific Economic Crimes

2. Crime of Acceptance of Money Through Good Offices in Bribery | Punishment Standards

Crime of Acceptance of Money Through Good Offices in Bribery Understanding the Circumstances Practice Area

The crime of acceptance of money through good offices in bribery is provided for in the Criminal Act (Penal Code), the Act on Aggravated Punishment of Specific Crimes, and the Act on Aggravated Punishment of Specific Economic Crimes, respectively.

The applicable statute differs depending on the subject of the good offices; however, where a public official, using their position, accepts, demands, or promises a bribe in connection with the mediation of a matter falling within the duties of another public official, the following punishment applies.

Level of Punishment

▶ Article 132 of the Criminal Act

Acceptance of a Bribe Through Good Offices

Imprisonment for not more than 3 years or suspension of qualifications for not more than 7 years

The Act on Aggravated Punishment of Specific Crimes likewise provides as follows regarding the mediation of a matter falling within the duties of a public official.

▶ Article 3 of the Act on Aggravated Punishment of Specific Crimes

Acceptance of Money Through Good Offices

Imprisonment for not more than 5 years or a fine of not more than 10 million won

A person who accepts, demands, or promises money, goods, or other benefits in connection with the mediation of a matter falling within the duties of an officer or employee of a financial company, or who has a third party provide such, or who demands that such be provided, is subject to the following punishment.

▶ Article 7 of the Act on Aggravated Punishment of Specific Economic Crimes

Crime of Acceptance of Money Through Good Offices

Imprisonment for not more than 5 years or a fine of not more than 50 million won

Sentencing Guidelines

※ Acceptance of Money Through Good Offices by an Officer or Employee of a Financial Institution

▶ Where the degree of participation and the actual gain are extremely minor

▶ Where the conduct was limited to a demand or promise

▶ Return of the money, goods, or other benefits before the commencement of investigation

▶ Mental and physical weakness (not attributable to the person)

▶ Voluntary surrender or reporting of internal misconduct

▶ Where the degree of participation or the actual gain is minor

▶ No prior record of criminal punishment

▶ Sincere remorse

3. Crime of Acceptance of Money Through Good Offices in Bribery | Understanding the Circumstances

Criminal Group's Review of the Crime of Acceptance of Money Through Good Offices in Bribery and Response Plan

In the crime of acceptance of money through good offices in bribery, understanding the circumstances of the case is important.

Because this crime is established by receiving money, goods, or other bribes from someone and mediating so that another person's duties are handled favorably, it is necessary to deny the consideration of the bribe, to ascertain what duties are at issue, and to review relevant evidence such as documents, emails, and call records.

Establishing the Facts and Denying Consideration

For the crime of acceptance of money through good offices in bribery to be established, the key issues are whether an act of good offices actually took place regarding a matter falling within the duties of a public official, and whether there was consideration in relation to the receipt of money or goods.

Accordingly, the circumstances under which the money or goods were provided, the content of the conversation at the time, the suspect's role and influence, and the relationship with the public official, among others, must be comprehensively ascertained and proven.

In particular, it must be clearly established, through materials and logic, that there was no intent to request good offices or to exercise influence, and that the money or goods received were unrelated to the duties of the public official.

Denial of Intent and Intention to Broker

Even where a simple receipt of money or valuables occurred, there is Supreme Court precedent holding that the crime of acceptance of a bribe through brokerage is not established in the absence of an intention to broker.

Supreme Court Decision 2004Do5655, rendered November 12, 2004

For the crime of acceptance of property through brokerage to be established, the matter to be brokered must fall within the official duties of a public official, and the purpose of receiving money or valuables must be shown, to some concrete degree, to relate to the brokerage of that matter. Where the person who provides money or valuables merely hands them over with a vague expectation that, by gaining the favor of the recipient, he may receive some help or avoid the risk of suffering harm, and where the recipient likewise accepts the money or valuables while surmising that the provider hands them over with such an expectation, that circumstance alone cannot be regarded as establishing the crime of acceptance of property through brokerage.

Accordingly, it is necessary to emphasize that the person did not perceive the concept of brokerage itself or had no such intention.

In particular, the argument should be structured to show that the other party unilaterally provided the money or valuables, or that, while the receipt of money or valuables is acknowledged, it took place without any connection to brokerage.

Voluntary Return and Recovery of Damage

Even where the fact of receiving money, valuables, or benefits is acknowledged, voluntarily returning them or making efforts to recover the damage before the investigation commences may operate favorably in sentencing.

It is important to sufficiently establish the timing of the return, the voluntariness of the return, and the intention of the other party, and to objectively demonstrate genuine remorse.

If You Need Legal Assistance

The crime of acceptance of a bribe through brokerage is an area that calls for a careful examination of the detailed circumstances and legal elements of the case, such as how the money or valuables changed hands, whether there was an intention to broker, and the connection to the official duties of a public official, so it requires professional legal response.

In practice, a simple monetary transaction may be unfairly suspected of being a bribe, while conversely an act with a clear quid pro quo may be misunderstood as a favor between acquaintances.

Accordingly, an accurate organization of the facts and the development of a response strategy in the early stage of the investigation are of utmost importance.

Daeryun Law Firm has many attorneys registered with the Korean Bar Association as attorneys specializing in criminal law, and provides the following strategic assistance for economic crime cases, including the crime of acceptance of a bribe through brokerage.

→ Advising on the preparation of statements for investigative agencies

→ Accompanying the suspect during questioning and responding to detention warrants

→ Developing criminal trial strategy after the institution of prosecution

→ Preparing sentencing materials and organizing efforts toward recovery of damage

In addition, working in cooperation with our in-house Evidence Investigation Center, we lawfully collect and analyze evidence and develop defense strategies.

If an investigation is already underway or you have been identified as a suspect, please request a consultation with a criminal defense attorney at Daeryun Law Firm.

Watch related video content
for this case study.

  1. What you need to know before consulting with a lawyer ‘for the first time in your life’!

Related Information
Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 260
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk