Main Issues

applicable laws and regulations with respect to smuggling

Summary of Judgment

The Act on Temporary Measures on Gold Metals shall be applied to the smugglings, and the Customs Act shall not be applied. Accordingly, the Act on the Aggravated Punishment, etc. of Specific Crimes, which is not applicable to the Customs Act, shall be naturally excluded, and in the case of gold bullions, in light of the provisions of Article 4 subparagraph 6 of the Foreign Exchange Control Act and the Act on Provisional Measures on Gold Metals, there is no room for applying the Foreign Exchange Control Act and only the Act on Provisional Measures on Golds shall be applied.

[Reference Provisions]

Article 5 of the Ad Hoc (Abolition) Act, Article 27 and Article 4 of the Foreign Exchange Control Act, Article 181 of the Customs Act

Reference Cases

December 23, 1969, 69Do1888 delivered on December 23, 1969 (Supreme Court Decision 958 delivered on September 958, 199; Supreme Court Decision 17Noh39 delivered on April 39, 199)

Escopics

Defendant 1 and one other

Escopics

Prosecutor and Defendants

Judgment of the lower court

Seoul Criminal Court of the first instance (70 senior 47210)

Text

All of the Prosecutor and the Defendants’ appeals are dismissed.

Reasons

The court below held that the prosecutor's appeal grounds for this case did not affect the judgment by misunderstanding the facts that the court below applied the Act on Temporary Measures against the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Customs Act, the violation of the Act on Temporary Measures on Gold, and the violation of the Foreign Exchange Control Act, and exclusion of other laws against this case which was charged as a commercial concurrent offender, and that the judgment was affected by mistake in interpreting the Customs Act, the Act on Provisional Measures on Gold, the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Act on the Aggravated Measures on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Foreign Exchange Control, and that the defendant 1's appeal ground for this case's defendant 1 did not have been carried in or sold to tourists, but did not have any right to know that the non-indicted 2's entry of this case in collusion in collusion with the above defendant and the non-indicted 1 had any influence on the judgment.