A defendant shall be punished by imprisonment for not less than eight months.

2,076,00 won shall be additionally collected from the defendant.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the confiscation or collection under Article 47 (1) of the former Psychotropic Drugs Control Act does not aim at deprivation of benefits from a criminal act, but rather at a disposition of the punitive nature, so no benefit has been acquired due to such criminal act.

Even though the court orders the collection of the equivalent value, it does not require the collection of the equivalent value separately by each act on the ground that a series of acts by the defendant who handles the same drug constitutes separate crimes, in which it is necessary to order the collection of the equivalent value of the drug within the scope he handled based on the basis of the defendant.

(See Supreme Court Decision 200Do546 Decided September 8, 200, etc.). According to the evidence duly adopted and examined by the court below, the defendant purchased 860,000 won from C with 2 grams (Provided, That the defendant purchased 860,00 won from C, and sold 1.8g out to G with 200,000 won, and the remaining 0.2ggs are recognized. Thus, the amount equivalent to the value should be collected within the scope of 2g of the total amount of the penphone handled by the defendant, but if the seller and the purchaser are not the same person, it should be distinguished from the collection of the equivalent amount of the same penphone value that was the object of the transaction from both the seller and the buyer, respectively.

The lower court additionally collected the value of the same philophone 1.8g, sold by the Defendant after purchasing, for each act.

(Purchase, 850,000 won, 2 million won, and 2,000,000 won. Even if the court below's additional collection of the selling act, the criminal proceeds arising from the Defendant's writing-phone sales were collected separately.