The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized copier scists (Bak).

1. The summary of the grounds for appeal is too unreasonable that the imprisonment (three years of imprisonment and confiscation) imposed by the court below against the defendant is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

The lower court, on the ground that the seized “camblinger (G) 1 (G) 2, verification color leather 1 (Gak) 1, 1 turn on an emergency (Evidence 4), and 1 (Evidence 16)” fall under the ownership of a person other than the criminal or acquired by a person other than the criminal knowing that they were aware of the fact after the crime, and thus, constitutes either the goods provided or intended to be provided for the instant crime or the goods produced or acquired by the criminal act, the lower court confiscated each of the above seized articles by applying Article 48(1)1 and 2 of the Criminal Act.

However, in full view of the evidence duly admitted and examined by the court below, it can be sufficiently recognized that the defendant provided for the larceny of this case by the defendant, which is subject to Article 48 (1) 1 of the Criminal Act.

Therefore, the part of the judgment below ordering the confiscation of each of the above confiscated articles is justifiable.

However, as the defendant had a legitimate authority to do so, the 1st head of the crowdfundinger does not constitute the subject of confiscation, since it is the "the stolen" of the fraudulent act that was presented to the victim F and is owned by a person other than the criminal.

Therefore, among the judgment of the court below, the part ordering the confiscation on the first ground of the above crowdfunding operator cannot be maintained any longer.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Therefore, it is true in accordance with Article 369 of the Criminal Procedure Act.