실질적 처분권과 몰수․추징의 대상인 뇌물

To be the subject of confiscation depends on not registration but transfer of substantial disposition. Then, considering the decision process of selecting and using a leased vehicle, time, and reason and process of change in ownership, the vehicle substantially belons to the defendant in the target judgement. It is not proper that the defendant did not deliver substantial dispoistion because he has not received previously related documents. Because the whether or not the establishment of bribery is influenced by the accidental circumstances of transfer of the relevant documents. So it is valid to seize from the accused. Considering the legal personality of the penalty of confiscation, The defendant shall forfeit the equivalent of a lease fee and it is not possible, to forfeit the value of proposed is consistent with culpability principle. This conclusion is appropriate when compared with the existing decision which judges borrowing money for the transaction determines the confiscation of significant financial benefit. Beyond judicial decision only trapped, concrete solutions thought seriously about are needed considering the purpose and objectives of bribery confiscation.