A. The judgment of the court below that imposed an additional collection of KRW 40,00,000 (=4 million per month x 10 months x hereinafter “instant monthly wage”) for the ten-month salary received from M in the course of the instant crime by the Defendant of the violation of Acts and subordinate statutes regarding additional collection, is in violation of the Acts and subordinate statutes that affected the judgment.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (one year of imprisonment with labor, two years of suspended execution, confiscation, and additional collection KRW 40 million) is too unreasonable.

2. Determination

A. According to Article 48(1)2 and (2) of the Criminal Act, “goods produced by or acquired by committing an offense” may be confiscated, and if it is impossible to do so, the value equivalent thereto shall be additionally collected. Monthly salary in this case is clear that it is an object acquired by a criminal defendant, such as a criminal fact, and since it cannot be confiscated due to the Defendant’s already consumed, the lower court’s disposition that collected the equivalent value is lawful. (2) Supreme Court Decision 2018Do6163 Decided July 11, 2018, which was sentenced to punishment pursuant to Article 47 subparag. 2 of the National Sports Promotion Act, is related to cases where a person subject to punishment pursuant to Article 51(1) and (3) of the same Act is additionally collected pursuant to Article 48(1)2 and (2) of the Criminal Act, which are applicable equally to this case where Article 48(1)2 and (2) of the same Act applies.

B. In addition, considering the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is deemed reasonable. 2) The Defendant pointed out that “The Defendant, unlike the Defendant, was indicted against Seoul Eastern District Court without being subject to additional collection on the grounds that N who served as a more important role in the instant crime, became final and conclusive without being subject to additional collection.”