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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower judgment’s calculation of additional charges is unlawful merely because the Defendant’s profit actually acquired through the instant crime is 4,016,000 won when excluding the cost, transportation cost, personnel cost, packing cost, and selective distribution cost of the alteration sold by the Defendant by misapprehending the legal doctrine.
B. The sentence of the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended sentence, additional collection of KRW 17,874,60) is too unreasonable.
2. Determination
A. In addition, it is difficult to recognize the amount of expenses, etc. alleged to have been paid by the defendant only by the data submitted by the defendant in the trial at the trial. Moreover, even if the expenses incurred by the criminal to obtain criminal proceeds in the collection of criminal proceeds have been disbursed from the criminal proceeds, such expenses shall not be deducted from the criminal proceeds because they are merely a method of consuming criminal proceeds (see, e.g., Supreme Court Decision 2005Do7146, Jun. 29, 2006). Therefore, the defendant's assertion of legal principles is without merit.
B. The Defendant’s recognition of and reflects on the instant crime is an element of sentencing favorable to the Defendant.
However, in full view of the factors of sentencing unfavorable to the Defendant, such as the Defendant’s age, character and conduct, environment, the details and result of the instant crime, etc., that there was a history of criminal punishment several times prior to the Defendant, the frequency of the instant crime and the amount of unreported income, and there is no change of circumstances that may be particularly considered in the trial, etc., the sentence of the lower court against the Defendant is adequate.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.