The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

except that this shall not apply.

1. Summary of grounds for appeal;

A. In light of the legal principles as to confiscation and collection (1) Defendant A: (a) assumed the role of account management at the operating organization of the instant illegal gambling site; (b) acquired KRW 3.2 million in return; and (c) it is a thing produced by or acquired by the criminal act; and (d) such value should be additionally collected pursuant to Article 48(1) and (2) of the Criminal Act.

(2) No. 3 of the evidence seized by Defendant B is an authorized certificate used by the said Defendant for money transfer while gambling habitually and an USB in which distribution files are stored. Since it is an authorized certificate used for money transfer and an object produced by a criminal act or a criminal act, it shall be confiscated in accordance with Article 48(1) of the Criminal Act.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: 6 months of imprisonment, 2 years of suspended execution, confiscation, and 3 million won of fine) is too uneasible and unreasonable.

2. Determination

A. (1) Determination of the misapprehension of the legal principle as to confiscation and collection (1) as to the assertion of misunderstanding the legal principles as to confiscation and collection (see Articles 10(1) and 8(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “Regulation of Criminal Proceeds Concealment”) fall under criminal proceeds under Article 2 subparag. 2(a) and 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, and Articles 2 subparag. 1 and 1(g) of the same Act. As collection under Article 10(1) of the Regulation of Punishment of Criminal Proceeds Concealment Act is discretionary, whether to collect the property even if it meets the requirements for the collection, is left at the discretion of the court of first instance.

However, it is subject to restriction by the principle of proportionality applied to the general public in the Criminal Act (see, e.g., Supreme Court Decision 2012Do11586, May 23, 2013). In light of the foregoing legal doctrine, the crime of aiding and abetting gambling constitutes a serious crime provided for in the Act on the Regulation of Criminal Proceeds Concealment, and the purpose of legislation of the Regulation of Criminal Proceeds Concealment Act is to prescribe special cases concerning the confiscation and collection of criminal proceeds related to a specific crime.