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Offering a bribe: statutory penalty and likely requested sentence

The statutory penalty for Offering a bribe and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty
Up to 5 years in prison or a fine of up to KRW 20 million
Legal basis
Criminal Act, Article 133
Category
Public duties

Calculate with your own circumstances

Did you actually give it?
× KRW 10,000
× KRW 10,000
Is the offense of a serious nature, for example as blameworthy as the official who received it, or did you actively give it and destroy evidence?
Do you have a prior bribery-related conviction?
Are you actively cooperating with the investigation or sincerely remorseful?
Was it a one-time offer of a small amount to a traffic police officer or other enforcement official?
Answer all 7 questions and the estimate appears right away. (0/7)

What the handling steps mean

  1. Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
  2. Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
  3. Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
  4. Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
  5. Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service

Handling standards at a glance

Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.

  1. Detention considered

    Likely requested sentence
    4 months to 10 months in prison

    If the offense is serious, investigation in detention is considered.

  2. Formal trial (prison sentence requested)

    Likely requested sentence
    4 months to 10 months in prison

    If you gave KRW 5 million at one time or KRW 7 million or more in total (KRW 10 million or more for a promise) and show no remorse or cooperation, a formal trial is the rule.

  3. Summary fine

    Likely fine
    KRW 2 million or more
  4. Summary fine

    Likely fine
    KRW 3 million or more

    If the amount is small or you actively cooperate with the investigation, the case is sometimes handled with a fine.

Frequently asked questions

Offering a bribe: what is the statutory penalty?
Legal basis: Criminal Act, Article 133. Statutory penalty: Up to 5 years in prison or a fine of up to KRW 20 million.
Offering a bribe: how is the case usually handled?
Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.

Other crimes in the same category

See the full list of crimes

This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.

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