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(영문) 대법원 2018.12.13 2018도16224
장물취득등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court found the Defendant guilty of violating the Foreign Exchange Act among the facts charged against the Defendant, and found that the seized KRW 50,500 (No. 10,000) and KRW 1,600 (No. 11,00) were an item provided or intended to be provided in the free-registered foreign exchange business under this title, and thus, confiscated from the Defendant, and additionally collected KRW 5,502,598 from the Defendant by applying the standard rate of transaction at the time of remittance.

The judgment below

Examining the reasoning of the lower judgment in light of the record, the lower court did not err by misapprehending the legal doctrine on the confiscation or calculation of the amount of collection, etc. without exhausting all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free conviction, in violation of logical and empirical rules.

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

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