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| TITLE | [Violation of the Illegal Check Control Act]Supreme Court Decision 2008Do4101 Delivered on Dec. 11, 2008 [full Text] |
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| Summary | |
| [1] The legislative intent of Article 253 (3) of the Criminal Procedure Act as to the tolling of the statute of limitations for prosecution and the meaning of staying abroad for ""the purpose of escaping criminal punishment"" under the above provision [2] The criterion for determining the issue of whether an offender staying abroad has ""the purpose of escaping criminal punishment,"" and whether ""the purpose of escaping criminal punishment"" can be applied to the situation where an offender is serving a prison term for a different crime in foreign country [3] The case holding that the statute of limitations period for prosecution in a case continues to run since the ""purpose of escaping criminal punishment"" under Article 253 (3) of the Criminal Procedure Act cannot be applied while an offender is serving a prison term, in a case where an offender who violated the Illegal Check Control Act, which carries a maximum statutory penalty of five years in prison, went to China to live, was sentenced to 14 years in prison, actually imprisoned for more than eight years, and was then extradited Korea and indicted for the above crime | |
