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The judgment below
We reverse the part concerning collection among the penalty surcharges.
4,300,000 won shall be additionally collected from the defendant.
3.2
Reasons
1. Summary of grounds for appeal;
A. The lower court determined that the Defendant collected 3.2 million won in total from the Defendant, which was actually paid at the time of purchasing propool on three occasions on March 2020, and that the Defendant recognized the market price of propool 100 square meters received from D around October 2019 as KRW 2.5 million and additionally collected 2.5 million from the Defendant.
However, upon B’s request, the Defendant merely received propool to B, and did not participate in the decision on the specific price, and the Defendant did not directly administer propool.
In addition, on March 2020, the Defendant purchased propool from H in KRW 800,000 per 100 lock, and the lower court recognized the market price of propool 100,000 square meters around October 2019, which is the adjacent time, as the market price of KRW 2,50,000, the difference in the amount is very unreasonable.
Therefore, the judgment of the court below is erroneous by misapprehending the legal principles on the calculation of additional collection charges.
B. The punishment sentenced by the lower court (one hundred months of imprisonment, confiscation, and collection KRW 6 million) is too unreasonable.
2. Judgment on the grounds for appeal
A. As to the assertion of misunderstanding of the legal principles, confiscation or collection under Article 67 of the Narcotics Control Act is not aimed at depriving of the benefits from a criminal act, but rather is a disposition of punitive nature. Thus, even if there was no benefit from the criminal act, the court shall order the collection of the equivalent value, and if there are several persons who committed the crime with respect to the scope of the collection, the court shall order the collection of the equivalent value to each person within the scope he handled (see Supreme Court Decision 2010Do7251, Aug. 26, 2010). In order to sentence confiscation or collection under Article 67 of the Narcotics Control Act, the requirements for the deprivation or collection should be related to the criminal fact for which the prosecution was instituted.