1. As to the grounds for appeal by the defendant

A. Determination on the assertion that the confiscation of Bitcoin (Bitcoin) by the Defendant cannot be forfeited is based on the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds (hereinafter “Regulation on Concealment of Criminal Proceeds”) which was enacted with the aim of contributing to the maintenance of sound social order by fundamentally eliminating economic factors that encourage specific crimes by providing for special cases concerning confiscation and collection of criminal proceeds by preparing a money laundering prevention system that meets international standards and prescribing special cases concerning confiscation and collection of criminal proceeds.

The Criminal Act, which directly punishs specific crimes, constitutes an important part of the criminal law order to restrain serious crimes.

2) Article 2 Subparag. 2(a) of the Regulation on the Concealment of Criminal Proceeds provides that “any property generated by any criminal act corresponding to a serious crime or any property acquired as remuneration for such criminal act” shall be deemed criminal proceeds (Article 2 Subparag. 2(a)); and that such criminal proceeds may be confiscated.

Regulations (Article 8(1)1), and the Enforcement Decree of the Regulation on the Regulation on the Concealment of Criminal Proceeds means cash, deposits, stocks, and other tangible and intangible assets with property value concealed by a person whose judgment of confiscation or collection has become final and conclusive.

In full view of the legislative intent and legal provisions of the Act on Regulation of Concealment of Criminal Proceeds (the main sentence of Article 2(2)3), the intangible property that is recognized as having property value as being acquired by a criminal act corresponding to a serious crime under the Act on Regulation of Concealment of Criminal Proceeds may also be confiscated.

4) Meanwhile, Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) provides that a crime under Article 247 of the Criminal Act is a serious crime under subparagraph 1(g) of attached Table 1 of the Regulation on Regulation of Concealment of Criminal Proceeds, and subparagraph 24 of attached Table provides that a crime under Article 74(1)2 of

Therefore, the defendant's violation of the Information and Communications Network Act (obscenity) is committed.