The act of non-resident (Korean in Japan) who is a citizen to return to the Republic of Korea with Japanese currency can not be applied to the customs law, and shall be applied by the Foreign Exchange Control Act and the Foreign Exchange Control Act.

The act of a non-resident (Korean in Japan) who is a citizen to return home with Japanese currency shall not be subject to the rate prescribed by the Customs Act, and shall be punished by this Act.

Article 27 of the Foreign Exchange Control Act, Article 35 of the Foreign Exchange Control Act, Article 26 of the Enforcement Decree of the Foreign Exchange Control Act, Article 137 of the Customs Act, Article 181 of the Customs Act

Defendant

Busan District Court Decision 69No292 delivered on May 28, 1970

The original judgment shall be reversed, and

The case shall be remanded to the Daegu High Court.

The grounds of appeal No. 1 are examined.

원판결이유에 의하면 원심은 피고인이 재일교포로서 일시 귀국하게 됨을 기화로 1969.3.29 오후 2시경 일본국 후꾸오까에서 일본항공기편으로 동일 오후 3시경 부산 수영공항에 입국시 일화 10,000,000엥을 세관에 신고함이 없이 무면허수입하려다가 적발되어 그 뜻을 이루지 못하였다는 공소사실을 인정하고 특정범죄가중처벌 등에 관한 법률 제6조 6항 , 4항 2호 , 관세법 제182조 2항 , 181조 에 해당하는 행위라 하여 동법 조항을 적용 처벌하였다.

However, according to Article 26 of the Enforcement Decree of the Foreign Exchange Control Act at the time of the act of this case, the method of payment, etc. may be exported or imported by domestic residents, non-residents, or by obtaining permission, authorization, approval, certification, or reporting under the provisions of the Enforcement Decree of the same Act (in cases of non-residents, it may be exported or imported by carrying means of foreign payment, etc. registered or exempted under the conditions as prescribed by the Ordinance of the Ministry of Finance and Economy), and even if other means of payment, etc. are used, it shall be permitted to export or import by obtaining permission under the conditions as prescribed by the Ordinance of the Ministry of Finance and Economy, and Article 35 of the same Act provides for punishment against those who export or import in violation thereof. Thus, regarding the Japanese currency (bank rights) of this case, which is the external means of payment carried by the defendant carried in by the defendant, it shall be subject to the Foreign Exchange Control Act, and since Article 137 and Article 181 of the Customs Act shall not apply, Article 137 of the Customs Act shall be reversed on the facts charged.

Therefore, without any need to decide on the remaining grounds of appeal, the original judgment is reversed and remanded, and it is so decided as per Disposition by the assent of all participating Justices.

Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)