[사기·외국환관리법위반][공1980.7.1.(635),12859]
The purpose of collection in accordance with Article 36-2 of the Foreign Exchange Control Act
The purpose of Article 36-2 of the Foreign Exchange Control Act is to deprive the criminal of his or her unjust profit from the criminal act, so it is justifiable to collect the limit of individual profit from the criminal.
Article 36-2 of the Foreign Exchange Control Act
Defendant 1 and one other
Prosecutor
Busan District Court Decision 79No1460 delivered on June 27, 1979
The appeal is dismissed.
We examine the grounds of appeal by the prosecutor of Busan District Prosecutors' Office.
The purpose of Article 36-2 of the Foreign Exchange Control Act is to deprive criminal of the profits that he has obtained by the crime in question. Therefore, it is reasonable that the court below has collected the limit of the profits that the defendants acquired individually from the same purport, and therefore, it is not possible to employ arguments that attack the judgment of the court below from a different standpoint as above.
Therefore, this appeal is without merit, and it is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Dra-ro (Presiding Justice)