1. The part of the judgment of the court below against the defendant is reversed.

Defendant shall be punished by imprisonment for three years.

2. Determination of ex officio on the legality of confiscation against Defendant A (1) the lower court confiscated 34 physical cards (Nos. 1 through 34 of the evidence seized on April 10, 2018) and 4 copies (No. 35 of the evidence seized on the same day) out of 44 of the 2018 Godan1458 as indicated in the judgment of the lower court on the legality of confiscation against Defendant A from the Defendant.

(2) First, we examine the legality of 34 above physical cards.

Even if an article provided or intended to be provided for a criminal act falls under the possession of a person other than the criminal, it may not be confiscated (Article 48(1)1 of the Criminal Act). Since it is unclear whether 34 previous owners of the above physical card (title holder) have finally transferred each of the above physical cards to the defendant only with the evidence submitted by the prosecutor, it cannot be deemed that 34 above physical cards are not owned by a person other than the criminal.

(See Supreme Court en banc Decision 2005Do9858 Decided April 7, 2006, 2006). Therefore, the lower court’s judgment that sentenced 34 above crow cards to be confiscated is unlawful.

(3) Next, we examine the legality of confiscation of four primary rights.

Of the 44 copies (2.2 million won) seized from the Defendant on April 10, 2018, the lower court forfeited from the Defendant four copies (200,000 won), excluding the two million won withdrawn from the U’s account on April 9, 2018, as shown in attached Table 1 of the List of Crimes Nos. 1 of the lower judgment, which was attached to the lower judgment.

However, the said KRW 200,000 won, which was withdrawn by the Defendant on April 2, 2018, and KRW 3 million and KRW 6 million withdrawn on April 5, 2018, were kept in custody, and was held on April 10, 2018. < Amended by Act No. 15804, Apr. 10, 2018>