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| TITLE | Supreme Court Order 2023Mo176 Dated April 21, 2023 【Reappeal Against Order to Dismiss Request for Preservation for Collection】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] The purpose of the Act on Regulation and Punishment of Criminal Proceeds Concealment, which was amended and enforced as of January 4, 2022, regulating a crime subject to punishments heavier than certain statutory punishments as a “serious crime” subject to the restitution of criminal proceeds unlike the former Act on Regulation and Punishment of Criminal Proceeds Concealment [2] In a case where the prosecutor filed a request for the preservation for collection upon any property owned by the criminal defendant for the execution of a judgment of collection related to criminal proceeds acquired from a crime violating the Foreign Exchange Transactions Act after indicting the criminal defendant on charges of “violation of Article 8(1) and (3) of the Foreign Exchange Transactions Act by engaging in a foreign exchange affair without registering a foreign exchange affair as business with the Minister of Economy and Finance from January 4, 2022, to April 1, 2022,” the case holding that the criminal defendant’s violation of the Foreign Exchange Transactions Act, whose statutory penalty is “an imprisonment with labor for not more than three years or a fine not exceeding KRW 300,000,000” pursuant to Article 27-2(1) of the same Act, constitutes “serious crime” stipulated in the Act on Regulation and Punishment of Criminal Proceeds Concealment, which was amended and enforced as of January 4, 2022, and thus any property that the criminal defendant acquired from such serious crime or any property acquired as payment for such serious crime may be collected, and an order of preservation for collection, prohibiting the criminal defendant from disposing of his or her property, may be issued | |
