All appeals by the defendant and prosecutor are dismissed.

In light of the main points of the grounds for appeal (unfair form) that the Defendant, a defense counsel, recognized the mistake of the Defendant, and the person who was in charge of the instant crime, isCC and the Defendant is operating the call center in accordance with the direction of duties ofCC, and the degree of participation in the instant crime is relatively insignificant; the Defendant has contributed to actively cooperating in the investigation of other cases; the Defendant contributed KRW 30,000,000 to the Samnam University-si Lycho University to prevent social harm caused by alcohol addiction and gambling addiction; the Defendant contributed KRW 30,00,000 to the Kycho-Ssi University affiliated with Samnam University; the Defendant was dead while his wife was detained, and the Defendant did not receive proper care and care of his children. In light of the above, the lower court’s punishment that sentenced the additional collection of KRW 1,6 months and 246,070,050 is unreasonable.

The court below erred by misapprehending the legal principles on the collection of additional charges by additionally collecting only KRW 246,070,050, out of concealed criminal proceeds, even though the defendant was in the total responsibility for the crime of this case, the court below erred by misapprehending the legal principles on the collection of additional charges, which affected the conclusion of the judgment.

In light of the fact that the Defendant was the total responsibility for the instant crime, etc., the lower court’s sentence is too uneasible and unreasonable.

Judgment

A. The purpose of confiscation and collection of criminal proceeds, etc. under Articles 8 through 10 of the Act on Regulation and Punishment of Criminal Proceeds Concealment is to deprive of unlawful profits and prevent them from holding them. Thus, in case where several persons jointly commit a crime subject to confiscation and collection under the above Act and obtain a benefit therefrom, only the amount distributed to each person, i.e., the profit actually accrued, shall be confiscated and collected individually, but where it is impossible to determine the distributed amount, the amount equally divided shall be confiscated and collected.

Supreme Court Decision 2009Do1391 Decided January 28, 2010