applicable provisions to the export of US dollars to foreign countries;

Article 6 (4) 2, Article 6 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 181 of the Customs Act shall not apply, but the Foreign Exchange Control Act Article 35 and Article 27 of the Act on the Aggravated Punishment, etc. of Specific Crimes shall apply.

Article 6 of the Act on the Aggravated Punishment, etc., Article 181 of the Customs Act, Article 35 and Article 27 of the Foreign Exchange Control Act

Defendant

Defendant

Seoul Criminal Court of the first instance (70 High Court Decision 26469)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years and fine for 12,946,500 won.

When the above fine is not paid, the defendant shall be confined in the old house for a period of 50,000 won converted into one day.

The number of detention days prior to the declaration of the original judgment shall be included in the above imprisonment.

However, the execution of the above imprisonment shall be suspended for five years from the date this judgment becomes final and conclusive.

21,858,250 won shall be additionally collected from the defendant.

The summary of the grounds for appeal by the defendant is as follows: first, the defendant did not have committed each offense, but the court below found the defendant guilty. The judgment of the court below is erroneous as affecting the judgment; second, the judgment of the court below on the defendant's punishment is too unreasonable.

Therefore, first of all, the first point of appeal is examined, and in light of the records, the evidence duly admitted by the court below after examining the evidence, it is possible to recognize the criminal facts of the defendant's principal decision, and therefore, the grounds for appeal as to the mistake of facts cannot be accepted.

However, even though Articles 35 and 27 of the Special Act on the Foreign Exchange Control, which are applicable to the facts of this case in relation to the facts of paragraphs (1) and (3) of this case ex officio (in this regard, the prosecutor added charges and applicable provisions to the charges and applicable provisions to the violation of the Foreign Exchange Control Act), the court below applied Articles 6 (4) 2 and 6 (5) of the same Act, Article 181 of the Customs Act, Article 30 of the Criminal Act to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Types of Customs Duties. Thus, the judgment of the court below cannot be reversed without examining the remaining grounds of appeal.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the member is again decided.

(Criminal Facts)

The Defendant, in collusion with Nonindicted 1, U.S. soldiers 2, and their wife Nonindicted 3, attempted to export the U.S. dollars from Korea to Hong Kong and to import the gold leader in such money, and agreed that the carriage would take charge of it by Nonindicted 2 of the U.S. military personnel:

1. Around 13:00 on May 2, 1970, Nonindicted Party 2 exported the above US dollars 25,000 (7,687,500 Won at the exchange rate at the time of exchange rate) without obtaining a license from the authorities, by hidingly carrying US$ 25,000 on the gold tampers worn by the aircraft in Hong Kong, Pa, A, and A, the aircraft.

2. Around 11:00 on May 6, 1970, Nonindicted Party 2 imported 18,750g of the above gold bars, without obtaining permission from the Minister of Trade, Industry and Energy, by hiding them in the tamping air of the Hong Kong Kimpo Airport, the price at which 50 grams 18,750g of the Hong Kong (375g of the gold bars), 4,796,678 won, domestic prices, 6,473,250 won are concealed in the tamping air of the gold bars worn by that person, and taking them into Korea, and without obtaining permission from the Minister of Trade, Industry and Energy;

3. On May 11, 1970, Nonindicted Party 2 exported the above US$25,00 (7,697,500 at the exchange rate at that time) without obtaining a license from the authority by hiding it inside the gold ingoting in which he wears US$25,00 by the aircraft of Hong Kong, Hong Kong Airport, and that he carries it out to Hong Kong.

(Abstract of Evidence)

Since the judgment of the court below is the same as the corresponding entry in the judgment below, it is cited by Article 369 of the Criminal Procedure Act.

(Application of Acts and subordinate statutes)

Of the judgment of the court below, Articles 35 and 27 of the Foreign Exchange Control Act, Article 30 of the Criminal Act, Article 30 of the Act, Article 6 (1), Article 5 (1) and Article 30 of the Act on Temporary Measures concerning Gold, Article 6 (2) of the Act on Temporary Measures concerning Gold, Article 30 of the Criminal Act, and Article 30 of the same Act are applicable to the violation of the Foreign Exchange Control Act. Since the crimes are concurrent crimes under the former part of Article 37, Article 38 (1) 2 of the Criminal Act, Article 50 (1) and (3) of the same Act are applicable to the defendant's punishment and punishment, Article 6 (1) and (2) of the same Act shall be applicable to the defendant's imprisonment with prison labor within the scope of 5 years, and Article 6 (1) of the same Act shall be applicable to the defendant's imprisonment with prison labor within the scope of 5 years, and Article 6 (2) of the same Act shall be applicable to the above amount of imprisonment with prison labor for 5 years.

It is so decided as per Disposition for the above reasons.

Judges Jeon Byung-chul (Presiding Judge)