The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A and B shall be punished by imprisonment for one year and two months.

1. Summary of grounds for appeal;

A. The lower court’s assertion of misunderstanding of the facts or misapprehension of the legal principles as to Defendants A and B (1) is unlawful in failing to deduct the daily expenses, etc. paid by the said Defendants to AU, etc., a program supplier, from the respective criminal proceeds of the said Defendants, for the use of the program

(2) The sentence of the lower court against the above Defendants (one year and two months of imprisonment) is too unreasonable.

B. The sentence of the lower court against Defendant C, F, G, or L (unfair assertion of sentencing) (Defendant C: imprisonment with prison labor for one year and two months; Defendant F G: each fine of five million won; Defendant L: imprisonment with prison labor for six months) is too unreasonable.

2. Determination as to Defendant A and B’s misunderstanding of facts or misapprehension of legal principles

A. The cost spent by the offender to obtain criminal proceeds when collecting criminal proceeds as well as the cost spent to obtain criminal proceeds was spent from criminal proceeds.

Even if it is merely a method of consuming criminal proceeds, it does not constitute a deduction from criminal proceeds to be collected additionally (see, e.g., Supreme Court Decision 2005Do7146, Jun. 29, 2006). In light of the above legal principles, the above Defendants paid to AU, etc.

The claim is that the expenses paid by the above Defendants to AU, etc., a supplier of malicious programs necessary for the crime of this case, in return for the use of the malicious program is nothing more than a method of consuming criminal proceeds, and thus, the above Defendants’ assertion that the deduction should be made from the criminal proceeds to be collected is difficult to accept.

B. However, as well as the amount actually acquired by the above defendants as well as the total sum of daily expenses which the above defendants received from other accomplices, each of them was collected from the above defendants. ① Defendant A: the total sum of the refund (75,000 won) in the crime of paragraph (2) of the judgment of the court below as stated in the judgment of the court below (5,270,000 won) and the total amount of the refund (5,270,000 won) in the crime of paragraph (3) of the judgment of the court below.