위조유가증권행사
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The lower court sentenced 2,350,000 won, which is the total sales proceeds of department stores MVG parking tickets (hereinafter “instant parking tickets”) sold by the Defendant to B and C, to the additional collection of 2,350,000 won.
Since the Defendant sold the instant parking ticket in collaboration with B and C, only the profits the Defendant acquired shall be additionally collected.
2) The Defendant paid KRW 1.5 million out of the profits acquired by the instant crime to B, among KRW 8.25 million, to B on January 5, 2016, and immediately returned KRW 1 million, which was remitted in excess of the sales deposit on January 19, 2017. As such, the actual gains acquired by the Defendant by the instant crime are KRW 5.75 million.
B. The punishment sentenced by the court below (the imprisonment of 8 months and additional collection of 2,350,000 won) is too unreasonable.
2. Judgment on the misapprehension of legal principles
A. Property generated by a criminal act in violation of Article 30(1) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. and Article 44(1) of the Game Industry Promotion Act shall be subject to additional collection pursuant to Article 2 subparag. 1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds [Attachment], Articles 7, 8, and 10 of the Act on Regulation and Punishment of Punishment of Speculative Acts, Etc., and the above additional collection aims to deprive a person of his/her unlawful profit and prevent him/her from holding it. Thus, in cases where he/she gains profit from his/her speculative act jointly, only the distributed amount, i.e., where he/she gains profit from his/her speculative act, he/she shall be subject to additional collection on an individual basis, and where it is impossible to determine the distributed amount, he/she shall confiscate and collect the distributed amount equally.
In addition, in order to obtain criminal proceeds in the collection of additional criminal proceeds, the expenses paid by the offender have been disbursed from the criminal proceeds.
Even if it is only a method of consuming criminal proceeds, it should not be deducted from criminal proceeds to be collected additionally.