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The additional collection part of the judgment below shall be reversed.
4.5 million won shall be additionally collected from the defendant.
. The defendant-appellant.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below that rendered an additional collection on the whole amount of 8.8 million won, even though a misunderstanding of the legal principle has to impose an additional collection on the remainder of 8.8 million won, excluding the already confiscated amount, which was charged by the defendant for the game business.
B. The sentence of the lower court (one hundred months of imprisonment, confiscation, and collection) which is improper in sentencing is too unreasonable.
2. Determination
A. Article 44(2) of the Act on the Promotion of Game Industry, as to the assertion of misunderstanding of legal principles, provides that game products owned or occupied by a person falling under the provisions of Article 44(1) of the same Act, gains generated by such criminal act (hereinafter “criminal gains”) and property derived from criminal proceeds shall be confiscated, and the value thereof shall be additionally collected when they cannot be confiscated. Thus, in cases where criminal proceeds are confiscated from an offender, the value thereof shall not be additionally collected.
In light of the above legal principles, according to the health team and the evidence duly adopted and examined by the court below, the defendant made a sale for 14 days from January 25, 2016 to February 7, 2016, 8 days from February 10, 2016 to February 17, 2016, and 22 days from February 2016. The average sale was 40,000 won, and the average sale was 40,000 won, and 8,80,000 won was 40,000 won if the average sale was 40,000 won. The defendant stated to the effect that the defendant was 130,00 won in cash within the game at the game at the place of the crime of this case (Evidence 3 and 4,000 won) and 416,00 won in cash within the game site of this case should not be additionally collected from the defendant 1,50,000 won in cash within the game site of this case.