The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Three copies of the original notes issued by the Bank of Korea, seized.

1. Summary of grounds for appeal;

A. Defendant 1) In the misapprehension of the legal principle, although the Defendant had almost no actual proceeds from the operation of the game of this case, the lower court deemed the criminal proceeds from the operation of the game of this case as KRW 90 million and additionally collected KRW 30 million for the Defendant. In so doing, the lower court erred by misapprehending the legal principle on additional collection of criminal proceeds, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (a year of imprisonment, an additional collection of KRW 30 million, and an additional payment order) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

Since punishment should be imposed separately on all accomplices, additional punishment for confiscation of seized articles shall be imposed separately (see, e.g., Supreme Court Decisions 78Do2246, Feb. 27, 1979; 2012Do1586, May 23, 2013). According to the records, three copies of the right of only the issuance of the Bank of Korea among the seized articles in this case (No. 1); 433 copies of the right of only the issuance date of the Bank of Korea (No. 2); 1,000 won of the issuance date of the Bank of Korea (No. 3); 40 copies of the right of only the issuance date of the Bank of Korea (No. 40), which are issued by the Bank of Korea (No. 40), constitute profits derived from the Defendant’s former exchange business crimes; and the lower court committed the above act of causing the Defendant to occupy or lose the game products (No. 5, 2004).

Meanwhile, among the seized articles of this case, 100 copies issued by the Bank of Korea (part of No. 4), one Handphone (Evidence No. 7), one Handphone (Evidence No. 8), and 36 copies free of charge (Evidence No. 9) constitute items provided for each of the crimes of this case pursuant to Article 48(1)1 of the Criminal Act.