When the statute of limitations for the principal offender expires, the stolen nature shall be lost.

If the statute of limitations for principal offenders whose imported goods are also sealed at the time of purchase or storage has expired and it is not possible to exercise the state's over-the-counter power, the stolen goods under the Customs Act shall be lost.

Article 186 of the Customs Act

Supreme Court Decision 76Do4483 Delivered on March 22, 1977

Defendant

Attorney Jin-Jin, Maximum Disease

Seoul Criminal Court Decision 79No3942 delivered on December 12, 1979

The original judgment is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court.

The grounds of appeal by counsel, etc. are examined comprehensively.

According to the judgment of the court below, the court below held on January 1, 1979 that the defendant was able to recognize the fact that the defendant, while he was sealed from the Habk Kim Jong-sung on the 1979, he was aware of the fact that he was able to purchase the Kabi Ba, which evaded customs duties, and received six Kamond 0.5k Kab Ba, which evaded customs duties by being sealed from the Mabi Kim Jong-sung on the 11st of February 1979.

However, even if it is assumed that the above visibility was imported in advance by anyone, even if the record was recorded, there is no evidence to see who was imported in advance, and even if the above domestic goods were imported in secret, if the statute of limitations for the principal offender who was smuggling at the time of the purchase or storage of the defendant's goods has expired and the purchase or storage of the above goods became impossible to exercise the state's power, it shall not be punished as a customs law even if the stolen property under the Customs Act has been lost and the sale or storage of the above goods has been acquired. The court below held that the above decision did not err in recognizing the criminal facts without any evidence. The decision of the court below is delivered with the assent of all participating judges, and it is so decided as per Disposition by the assent of all Justices who reviewed the case.

Justices Kang Jae-hee (Presiding Justice)