The part of the forfeiture shall be reversed.

The seized LG G6 Smartphone 1 (No. 3) and e.g. 1 card.

A. The lower court’s sentencing (one year and six months of imprisonment and confiscation) of Defendant A (unfair punishment) is too unreasonable.

B. The lower court’s sentencing (e.g., imprisonment of one year and six months, confiscation, Defendant B: imprisonment of one year and one year and one year and confiscation) is deemed unreasonable.

2. Determination

A. We examine the part of the judgment of the court below as to the confiscation ex officio.

Defendant

B At the time of being arrested as the instant case, he was in possession of Chapters 50,00 won, 28 (No. 11), 10,000 won, 3 (No. 12), and 1,000 won, 1,000 won, and 1,000 won (No. 13), and the investigative agency confiscated the seized articles. The judgment of the court below rendered a confiscation by applying Article 48(1)1 and 2 of the Criminal Act

However, Defendant B consistently stated at the investigative agency that “the remaining money remains after using transportation expenses, lodging expenses, food expenses, etc. at KRW 2 million, which was exchanged before entering Korea.” The evidence submitted by the prosecutor alone is insufficient to recognize the fact that the said money was provided or intended to be provided to a criminal act in the facts constituting the crime of Defendant B’s judgment, or that the said money was generated or acquired due to the said criminal act. There is no other evidence to acknowledge this otherwise.

Furthermore, there is no evidence to acknowledge that the said money is an object obtained in return for the said criminal act.

Even if the above seized article is part of the money acquired through the crime of Bophishing, it constitutes the stolen article, so it is only the object to be returned to the victim, and it cannot be confiscated, and the above seized article is not the money acquired through the crime stated in the facts stated in the judgment of the court below.

Nevertheless, the court below ruled that the above confiscated articles should be confiscated, which is erroneous or confiscated.