The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

The seized one unit (No. 1), 1. Handphones.

1. The decision of the court below on the summary of the reasons for appeal (a punishment of two years of imprisonment, confiscation, additional collection of 100,000 won) is too unreasonable.

2. Determination

A. 1) The lower court sentenced forfeiture to the effect that, in the event of seized Samsung gallon (No. 6), one pop (prop No. 6) and one (No. 8) constitutes “goods provided to criminal conduct” under Article 48(1)1 of the Criminal Act.

2) Confiscation is limited to articles provided or intended to be provided for a criminal act, which are not owned by a person other than the criminal, or which are acquired by a person other than the criminal even after the crime was committed. In this case, “goods provided to the criminal act” is not limited to those used for the criminal act itself, and even if they are used for the act before the commencement of the act or after the completion of the act, they have contributed substantially to the execution of the criminal act.

In the case of recognition, one pop (No. 6) was placed in the defendant's residence with a cell line written before the defendant changed to A71 unit (No. 8) in Samsung gallon, seized Samsung gallon (see Supreme Court Decision 2006Do4075, Sept. 14, 2006) to the items provided under the above provision of the law (see Supreme Court Decision 2006Do4075, Sept. 14, 2006). When the defendant was seized, one unit of pop (No. 6) was placed in the defendant's residence, and when the seized Samsung gallon (No. 8) was kept in the defendant's residence.

Therefore, the evidence duly adopted and examined by the court below is not sufficient to view that the pop-up pop-up (No. 6) was used before the commencement of the action or after the completion of the action. When the seized Samsung Gallon (No. 8) actually contributed to the execution of the instant criminal act.

Therefore, it is difficult to see that the seized Samsung gallon (No. 6) was provided or intended to be provided for each of the crimes in this case when Samsung gallon (No. 8) and Samsung gallon (No. 8) were provided or provided.