Scope of a criminal subject to the additional collection under Article 198(3) of the Customs Act

Article 198(3) of the Customs Act provides that when it is impossible to confiscate all or part of the goods to be confiscated, an amount equivalent to the domestic wholesale price of the goods which cannot be confiscated shall be collected from the offender at the time of the offense. The scope of the offender here includes not only the co-principal but also the offender who commits the offense or the offender who commits the offense.

Article 198(3) of the Customs Act

Defendant

Defendant

Seoul High Court Decision 84No3549 delivered on February 7, 1985

The appeal is dismissed.

The defendant's grounds of appeal are examined.

On December 18, 1983, 12:00, the lower court recognized the total amount of KRW 100,000 as well as KRW 15,00,00,000,000,000 from KRW 15,00,000,000,000,000,000,000,000,0000,0000,000,000,000,000,000,000,000: (a) 8,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,000.

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

Justices Shin Jong-sung (Presiding Justice)