The judgment below

Among them, each part concerning additional collection against the Defendants shall be reversed.

Defendant

A 27,894,280 won;

1. Reasons for appeal;

A. The principal sentence sentenced by the lower court (four years of imprisonment) is too unreasonable.

B. Defendant B (1) The main sentence (4 years of imprisonment) of the lower court sentenced by the lower court on unreasonable sentencing is too unreasonable. (2) In so doing, the lower court erred by misapprehending the legal principle as to the collection of penalty of KRW 110,879,160 from the Defendant, and by applying the method of dividing 33.14g, excluding 0.86gs confiscated in the philphone 34g, which was made by the Defendants, by 0.03gs, the transaction price of one-time medication, and then multiplying by 110,46,660 won (3.14g (34g-34g-0.86g) ±0.03g x 100,000 won, which was made by the Defendants as the basis for the calculation of penalty. It is so unreasonable by misapprehending the legal principle as to the collection of penalty.

2. Determination

A. Determination of misapprehension of the legal principles as to the assertion of misapprehension of the legal principles. The value of narcotics, etc. to be collected additionally in accordance with the proviso of Article 67 of the Narcotics Control Act refers to the amount equivalent to the benefits which a criminal had lost if he/she had been sentenced to forfeiture. According to the above legal principles, the calculation of the value should be based on the prior public notice (see, e.g., Supreme Court Decision 2011Do317, Mar. 10, 201). According to the above legal principles, the amount to be collected additionally from the defendant B in relation to the crime of manufacturing penphonephones of the defendant B in this case shall be 3.14g except for the amount of 0.86g of the penphone which was first manufactured by the defendant B, 3.14g of 33.14g of the number of 10g, 2012, 30g, 17.3g, 40g, 60g, 167.4g, 7.47.