The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The illegal court below, in calculating the amount of collection, deemed that the defendant 370,010,000 won earned from the crime of exchange in this case and sentenced to the collection of the full amount, but it constitutes criminal proceeds where the amount obtained by deducting the defendant 20,036,290 won from the above amount to China for the purchase cost of the network site account, as stated in the judgment of the court below.

Therefore, the court below erred by misapprehending the legal principles as to the calculation of additional collection amount, thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, additional collection) is too unreasonable.

2. Determination

(a) In the collection of profits generated from a criminal act falling under Article 44(1) of the Game Industry Promotion Act pursuant to Article 44(2) of the same Act as to whether the calculation of the amount of collection is illegal, the expenses disbursed to obtain such criminal proceeds shall not be deducted from the criminal proceeds to be collected.

(See Supreme Court Decision 2007Do2171 Decided May 10, 2007, Supreme Court Decision 201Do10512 Decided October 27, 201, etc.). According to the evidence duly adopted and examined by the lower court, the lower court may recognize the fact that the Defendant lawfully purchased 20,036,290 won and 118 account of the network site account of hacking for the purpose of reducing game money as stated in the lower judgment. However, it is merely the expenses that the Defendant paid in advance to obtain criminal proceeds from the instant exchange crime and does not constitute a deduction from the criminal proceeds to be collected.

Therefore, the defendant's above assertion cannot be accepted.

B. Each of the crimes of this case on the assertion of unfair sentencing is not only that the defendant without permission access to the game site account purchased from China's Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime