Whether U.S. dollars not registered pursuant to Article 18 of the Foreign Exchange Control Act are subject to forfeiture (negative)

If the U.S. dollars are not registered under the provisions of Article 18 of the Foreign Exchange Control Act and Article 28 (1) of the Enforcement Decree of the same Act after having entered the Republic of Korea with the U.S. dollars, the U.S. dollars in this case shall not be confiscated under the conditions as prescribed by Article 36-2 of the same Act.

Article 36-2, Article 18 of the Foreign Exchange Control Act, Article 48 (1) of the Criminal Act

Supreme Court Decision 79Do1509 Decided August 31, 1979, 79Do1309 Decided September 25, 1979, Supreme Court Decision 79Do2168 Decided December 11, 1979

Defendant

Prosecutor

Attorney Kim Jong-il

Seoul Criminal Court Decision 81No5314 delivered on October 6, 1981

The appeal is dismissed.

The subject of confiscation under Article 36-2 of the Foreign Exchange Control Act refers to foreign exchange and other means of payment acquired by the offender through the act in question. This view is consistent with the precedents of the party members (see, e.g., Supreme Court Decision 79Do1509, Aug. 31, 1979; Supreme Court Decision 79Do2168, Dec. 11, 1979). Meanwhile, the above acquisition refers to the time of acquisition by the criminal act in question (see, e.g., Supreme Court Decision 79Do1309, Sept. 25, 1979). Since the first instance court's judgment maintained by the court below entered the Republic of Korea with the U.S. dollars and thus, it cannot be seen that there is no violation of Article 18 (1) of the Foreign Exchange Control Act and the above provisions of Article 36-1 of the Criminal Act which have already been applied to the act in question, unless it is registered under Article 28 (1) of the Enforcement Decree of the same Act.

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

Justices Lee Il-young (Presiding Justice)