Whether Article 6 (4) of the Act on the Aggravated Punishment, etc. of Specific Crimes can be applied on the premise that gold import is against the Customs Act (negative)

Article 6 (4) of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be punished in accordance with the Foreign Exchange Control Act, and Article 137 and Article 181 of the Customs Act shall not be applied.

Articles 4, 27, and 35 of the Foreign Exchange Control Act, Article 34 of the Enforcement Decree of the same Act, Articles 137 and 181 of the Customs Act, Article 6(4) of the Act on the Aggravated Punishment, etc. of Specific Crimes

Supreme Court Decision 78Do925 Decided June 27, 1978, Supreme Court Decision 84Do832 Decided July 24, 1984

Defendant 1 and one other defense counsel Kim-young

Prosecutor (Attorney Kim Jae-young, Counsel for the defendant)

Seoul High Court Decision 89Do3887 delivered on April 27, 1990

The appeal is dismissed.

We examine the grounds of appeal.

According to Articles 27 and 4 of the Foreign Exchange Control Act, Article 34 of the Enforcement Decree of the same Act and Article 34 of the same Act, domestic residents or non-residents may export or import means of payment, precious metals, etc. subject to the regulation of the above Act through the procedures of permission, authorization, approval, or report as prescribed by the Ordinance of the Ministry of Finance and Economy, and Article 35 of the same Act provides for the violator of the same Act. Thus, the act of importing gold shall be punished under the Foreign Exchange Control Act, which is a special law, and Article 6 (4) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes shall not be applied on the premise that Article 137 and Article 181 of the Customs Act cannot be applied because there are legal principles that are not applicable, and Article 6 (4) of the Act on the Aggravated Punishment, etc. of Specific Crimes (see Supreme Court Decision 78Do925, Jun. 27, 198; 8Do832, Jul. 24, 1984).

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

Justices Lee Woo-soo (Presiding Justice)