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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Error of facts and misapprehension of legal principles (Defendant C) Defendant C is a AE account under one’s name from July 4, 2019 to the same year.
9. In addition to the remittance of the sum of KRW 4,590,000 from the above defendant A for a period of three months until June, there was no fact that he received profits from the crime of this case.
As the lower court collected 10,170,000 won to Defendant C without specifying criminal proceeds, it erred by misapprehending the legal principles as to the calculation of the amount of additional collection, although asserting that it did not err by misapprehending the legal principles;
B. The sentence imposed by the lower court on each of the Defendants (Defendant B: 4 months of imprisonment with prison labor for each of the crimes indicated in its holding, and 10 months of imprisonment with prison labor for each of the crimes listed in its holding, Defendant C: 8 months of suspended execution, Defendant C’s additional collection of KRW 2 years of suspended execution, Defendant E: Imprisonment with prison labor for 8 months and 1170,000 won) is too unreasonable.
2. Determination
A. misunderstanding of facts by Defendant C regarding the calculation of the amount of additional collection, whether it is subject to confiscation or additional collection for the assertion of misapprehension of legal principles, or recognition of the amount of additional collection, etc., are not related to the constituent elements of crime, and thus strict certification is not necessary, but also acknowledged by evidence is inevitable, and where it is impossible to specify the criminal proceeds subject to confiscation, additional collection
(See Supreme Court Decision 2008Do1392 Decided June 26, 2008, etc.). According to the evidence duly admitted and examined by the court below, the defendant A, who is a supplier of core chips, was provided with core chips at KRW 30,000,00 and sold them to AG, etc. at the price of at least KRW 70,000 per opening. The defendant stated that the defendant A paid the amount in cash to the defendant C through B in addition to the portion remitted to the account in the name of the defendant C. The court below distributed KRW 1,017,00,000, which is the amount calculated as a unit price of KRW 339,00 for the number of core chips recognized by the defendant C as being opened.