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The prosecutor's appeal is dismissed.
Reasons
1. The prosecutor sought the confiscation of Nos. 1 through 12, 16, and 39,082,00 won as well as the additional collection of No. 39,00 won as to the instant case.
In light of the defendant's statement and evidence related to the defendant's statement, it is reasonable to impose confiscation and additional collection, such as the prosecutor's above sentence, without examining the minimum witness, the court below did not render a sentence of forfeiture on subparagraphs 10 and 12 of the evidence and did not additionally collect criminal proceeds from the defendant.
Therefore, the judgment of the court below is erroneous in the misunderstanding of facts, and the confiscation of the above evidence and the collection of criminal proceeds.
2. Determination
A. The lower court determined that the grounds for not imposing confiscation and additional collection, such as the prosecutor’s punishment, were as follows, from the 19th 3rd to the 5th 4th eth eth son of the lower judgment.
① The criminal facts of the instant case constitute an exchange of tangible and intangible results obtained by the Defendant through the use of game water. As such, the profits acquired by the Defendant through the instant crime shall be deemed to fall under the amount obtained by the Defendant through the exchange of game money.
In addition, when there is money exchanged to game users, the proceeds from the crime are the remaining amount after deducting the amount of money exchanged to the game users from the sales amount (see Supreme Court Decision 2012Do7843, Sept. 27, 2012). ② According to each evidence in the judgment, the fact that money exchanged is possible only when the points are more than 20,000 won (the 347,402 pages of investigation records), and it seems that all customers did not have exchanged (in this regard, they were employees in the business of this case).
H stated that “I do not make money exchange to all customers, and are aware that only all customers who have not been aware of it would be able to make money exchange.” Meanwhile, the Defendant is also aware of it.