A defendant shall be punished by imprisonment for one year.

Nos. 1 through 8 of seized evidence shall be charged to the defendant.

A. Defendant 1) 41,360,000 won collected by the court below in misunderstanding the legal principles is a deception by deceiving the victims listed in the list of crimes attached to the court below's judgment, and this constitutes a crime of fraud, which is a crime of property, acquired from such victims and constitutes a property acquired from such victims and subject to collection prohibited by Article 10 (2) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds (hereinafter "criminal Proceeds Act").

In addition, 33,731,100 won that the defendant transferred to the account designated by E is not actually accrued to the defendant, and thus, it cannot be collected additionally.

B. The amount of KRW 590,000, which the defendant returned to some victims, is not a profit accrued to the defendant, and thus it cannot be collected additionally.

Nevertheless, the judgment of the court below which collected 41,360,000 won, which is a whole profit from the crime of this case, is erroneous in the misapprehension of legal principles.

2) The punishment of the lower judgment that was unfair in sentencing (an additional collection of KRW 41,360,000) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Determination

A. Article 10(2) of the Act on Criminal Proceeds concerning the Defendant’s argument of misunderstanding the legal doctrine provides that where criminal proceeds, etc. are property damaged by a crime, an amount equivalent to the value thereof shall not be collected. However, in addition to the crime concerning property, the foregoing provision does not apply to cases where a separate independent legal interest, such as a violation of the Food Sanitation Act, is infringed as in the instant case (see Supreme Court Decision 2010Do7129, Oct. 11, 2012). Therefore, this part of the Defendant’s assertion is without merit

However, the purpose of collection under the Act on Criminal Proceeds concerning the Property, etc. generated by the crime of Article 94 of the Food Sanitation Act is to deprive the illegal gains and prevent them from being retained, and the food sanitation law is jointly conducted by several persons.