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TITLE Supreme Court Decision 2016Do11429 Decided October 25, 2018【Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment】* First draft [full Text]
Summary
Whether Article 2 Subparag. 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment stipulating “where an act performed by a foreigner outside the realm of the Republic of Korea constitutes a crime or a crime prescribed in subparagraph 2(b) if it had been committed in the jurisdiction of the Republic of Korea (hereinafter collectively referred to as ‘specific crime’) and constitutes a crime pursuant to statutes of the country in which such act was performed, such crime shall be included” ought to be construed as “other than where an act performed by a foreigner outside the realm of the Republic of Korea constitutes a specific crime, the same act committed in the Republic of Korea, based on assumptive criminal assessment, falls under a specific crime pursuant to the law of the Republic of Korea” (affirmative)
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