The penalty collection portion shall be reversed.

28,200,000 won shall be additionally collected from the defendant.

The remainder of the defendant.

A. Legal principles (additional collection) Costs incurred by the Defendant in filing an application for a case, such as personal rehabilitation, and rents borne by the Defendant should be excluded from additional collection charges.

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment, three years of suspended execution, social service, and additional collection) is too unreasonable.

2. Determination

A. 1) Determination of the surcharge on the surcharge is based on the misapprehension of the legal principle’s assertion. The cost spent by the offender to obtain criminal proceeds in addition to the amount of criminal proceeds in determining the misapprehension of the legal principle’s assertion.

Even if it is nothing more than a method of consuming criminal proceeds, and it is not a deduction from criminal proceeds to be collected (see, e.g., Supreme Court Decisions 2005Do7146, Jun. 29, 2006; 2008Do1312, Jun. 26, 2008; 2015Do3351, Jul. 23, 2015). Thus, it is reasonable to deem that the amount of expenditure as alleged by the defendant in the grounds of appeal is expenses disbursed in order to obtain criminal proceeds of this case. Accordingly, it is not subject to deduction from criminal proceeds to be collected, and the defendant's assertion is without merit.

2) An ex officio determination: (a) as to whether the calculation of the amount of additional collection by the court below is legitimate, it is not related to the elements of the crime, and thus, it is not necessary to prove strict evidence, but also, if it is not necessary to specify criminal proceeds which are subject to such evidence; (b) if it is impossible to specify criminal proceeds, it shall not be collected (see Supreme Court Decision 2008Do1392, Jun. 26, 2008). According to the prosecutorial protocol against the defendant, according to the prosecutorial records against the defendant, the defendant acquired the amount equivalent to 25% of the total fees at the time when he works in C law office, and the amount equivalent to 20 to 30% of the total fees at the time when he works in Law Firm E and G, respectively.

In addition to the above-mentioned statements by the defendant, the defendant is the defendant in addition to the above-mentioned statements by the prosecutor.