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The judgment below
Among them, the part of additional collection against the defendant shall be reversed.
8,740,000 won shall be collected from the defendant.
Reasons
Summary of Grounds for Appeal
The punishment sentenced by the court below (the penalty of imprisonment of one year and two months, confiscation, 10 million won) is too unreasonable.
Judgment
Article 44(2) of the Act on Promotion of Game Industry provides that game products owned or occupied by a person falling under the provisions of Article 44(1) of the same Act, profits generated by such criminal acts (hereinafter referred to as "criminal gains") and property derived from criminal gains shall be confiscated, and if it is impossible to confiscate them, the equivalent value thereof shall be collected. Article 48(2) of the Criminal Act provides that where it is impossible to confiscate the goods mentioned in paragraph (1) of the same Article, the equivalent value thereof shall be collected. Thus, if the criminal proceeds or goods are confiscated from the criminal, the equivalent value thereof shall not be additionally collected.
In light of the above legal principles, according to the evidence duly adopted and examined by the lower court, the Defendant, at the prosecutor’s office, sold a total of KRW 1 million per day between July 8, 2016 and July 18, 2016.
“The fact that the Defendant stated to the effect that the Defendant was seized 1.26 million won (Evidence 6) in cash located in the game at the game of the game of this case. As such, cash confiscated in the game of this case shall be deemed to be criminal proceeds acquired by the instant crime, etc., and thus, it shall be confiscated. As such, it shall not be additionally collected from the Defendant, since the sum of 1.26 million won in cash confiscated from the Defendant shall not be additionally collected from the Defendant, in calculating the amount of additional collection, 1.26 million won in cash confiscated from the Defendant shall be deducted.
Nevertheless, the court below already collected the total amount of KRW 1.2 million from the defendant without deducting the cash amount of KRW 1.26 million, which is already confiscated by the defendant, from the defendant.