[1] The meaning of "goods provided for an act of crime" under Article 48 (1) 1 of the Criminal Code

[2] The case holding that where multiple items are stolen at a large discount store and loaded into one's own car, the above car can be confiscated on the ground that it is an article provided to a criminal act under Article 48 (1) 1 of the Criminal Code

[1] Article 48 (1) 1 of the Criminal Code does not limit the "goods provided for an act of crime" to goods used for committing a crime, such as knife used for murder, and even if they are used for an act before the commencement of the act or an act after the completion of the act, they shall be included in goods provided under the above Article insofar as they are recognized to have contributed substantially to the execution of the act.

[2] The case holding that where multiple items are stolen at a large discount store and loaded into one's own car, the above car can be confiscated by deeming it as an article provided to a criminal act under Article 48 (1) 1 of the Criminal Code

[1] Article 48 (1) 1 of the Criminal Code / [2] Article 48 (1) 1 of the Criminal Code

Defendant

Defendant

Attorney Kim Tae-ok

Jeonju District Court Decision 2006No301 Decided May 25, 2006

The appeal is dismissed.

1. We examine the first ground for appeal.

According to the reasoning of the judgment of the court below, the defendant cited goods purchased from a large-scale store across the country and used them as new ones, and affixed them to the fact that it is difficult to remove the fixed price of calculation affixed to prevent double calculation, and that it is so difficult to remove the Sticks. On July 1, 2005, the court below calculated the total market price of 13,000 won from the New World Embro, Inc., Ltd. located in Guro-gu, Guro-gu, Seoul to receive refund with the same things purchased by the defendant, and found it to be 13,00 won out of the above store, and found it as if he wanted to purchase the goods again with the above 3th,00 won, and found it to have a large-scale employee attached to the above 7th, and found it to have been removed from the store and the above 10th, which is the same as the above 10th, as the above 3th, the above 10th,000 company's market price.

2. We examine the second ground for appeal.

Article 48(1)1 of the Criminal Code provides that "goods provided for committing a crime" is not limited to those used for committing a crime, such as knife used for murder, and even if they are used for an act before the commencement of the act or an act after the completion of the act, they shall be deemed to be included in the goods provided under the above provision of the Criminal Code so long as they are deemed to have contributed substantially to the performance of the act.

As seen above, in the instant case, the Defendant: (a) visited a large discount store once to commit a crime; (b) stolen goods of KRW 1 to 6,000 for each item; and (c) loaded them into one’s own small-scale car (Evidence No. 1); and (d) as the volume of the goods is considerably high, it is difficult to take and transport means of public transportation, such as electric spawning, piracy, a short circuit, a remote packing machine, a bus, telephone, or a DV display, and thus, the instant car is deemed to be a car used for the transport of the stolen goods beyond the means of transportation used simply to arrive at the place where the crime was committed; and therefore, (c) therefore, it can be deemed that the said vehicle was a car provided to a criminal act as provided in Article 48(1)1 of the Criminal Act.

In the same purport, the court below's decision that the evidence No. 1 was clearly offered for the crime of this case and maintained the judgment of the court of first instance that confiscated it is proper, and there is no error of law by misunderstanding the legal principles as to confiscation.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeon Soo-ahn (Presiding Justice)