The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months.

except that this shall not apply.

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (Defendant A: Imprisonment of 10 months, confiscation, additional collection of 11.7 million won, Defendant B: imprisonment of 4 months, additional collection of 11.7 million won) is too unreasonable.

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

The lower court cited Article 44(2) of the Act on the Promotion of Game Industry as a basis for forfeiture of subparagraphs 1 through 19 of seized evidence.

Article 44(2) of the Game Industry Promotion Act provides that "the game products owned or occupied by a person who conducts an act of exchanging the results obtained through the use of a game product, and the profits generated from such criminal act and the property derived from such criminal proceeds shall be confiscated." Article 48(1)1 and 2 of the Criminal Act provides that "the goods produced or acquired through a criminal act or a criminal act may be forfeited in whole or in part," and Article 44(1)1 and 6 of the same Act provides that "the smartphonephone (LG-610S: LG-610S) (No. 16), which is a seized LG-610 SM-920K (No. 17) that were held by a person who conducts an act of exchanging the results obtained through the use of the game products, are not deemed to have been obtained by the defendant's mobile phone, but can not be deemed to have been obtained by the defendant's criminal act that was or may not have been acquired by the defendant's criminal act."