[관세법위반·방위세법위반·변호사법위반][집33(2)형,545;공1985.8.15.(758),1086]
Scope of a criminal subject to the additional collection under Article 198(3) of the Customs Act
Article 198(3) of the Customs Act provides that when it is impossible to confiscate all or part of the goods to be confiscated, an amount equivalent to the domestic wholesale price of the goods which cannot be confiscated shall be collected from the offender at the time of the offense. The scope of the offender here includes not only the co-principal but also the offender who commits the offense or the offender who commits the offense.
Article 198(3) of the Customs Act
Defendant
Defendant
Seoul High Court Decision 84No3549 delivered on February 7, 1985
The appeal is dismissed.
The defendant's grounds of appeal are examined.
On December 18, 1983, 12:00, the lower court recognized the total amount of KRW 100,000 as well as KRW 15,00,00,000,000,000 from KRW 15,00,000,000,000,000,000,000,000,0000,0000,000,000,000,000,000,000,000: (a) 8,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,000.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Shin Jong-sung (Presiding Justice)