statutory provisions applicable to foreign currency exports

Under the premise that the Foreign Exchange Control Act is a special law of the Customs Act, it is justified that the Foreign Exchange Control Act has been applied only to the violation of the Foreign Exchange Control Act by excluding commercial concurrences with the violation of the Customs Act and the violation of the Foreign Exchange Control Act.

Defendant

Attorney Jeon Sung-sung

Prosecutor

Seoul High Court Decision 72No446 delivered on December 18, 1975

All appeals filed by the defendant and prosecutor are dismissed.

Judgment on the grounds of appeal on the Defendant’s full-time substitution of counsel

In light of the records of the evidence duly adopted by the court below, the above fact-finding of the court below to the same purport is just, and there is no violation of the rules of evidence, mistake of facts, or any other illegality, such as the theory of lawsuit, and therefore, the arguments cannot be adopted.

Judgment on the Prosecutor's Grounds of Appeal

On the premise that the Foreign Exchange Control Act is a special law under the Foreign Exchange Control Act for the foreign currency export of 1,3 foreign currency of the facts constituting the crime in the original market, the court below excluded the commercial concurrence with the violation of the Customs Act and the violation of the Foreign Exchange Control Act, and it is just (see Supreme Court Decision 70Do1360, Sept. 29, 197). The arguments refer to the Supreme Court Decision 4290, Nov. 1, 1957; Supreme Court Decision 4293, Oct. 12, 1961; Supreme Court Decision 757, Oct. 12, 1961; Supreme Court Decision 4293, Oct. 757, 199; Supreme Court Decision 93, Oct. 12, 1961; and therefore, it is not appropriate to be employed.

Therefore, all appeals by the Defendant and prosecutor are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ahn Byung-soo (Presiding Justice) (Presiding Justice)