Whether property generated by interference with information and communications networks and obstruction of business remains subject to additional collection even if it is also property taken from the victims of fraud

Cross-family AI independent reading & axis check

6 of 8 axes matched GPT-6 Astra (OpenAI, codex CLI) · 2026-10-16

In a comparison with an independent reading by another AI line (GPT-6 Astra), which read only the original text without seeing the primary reading, 6 of the 8 axes matched, and the readings diverged on the 4th axis (Form of the test) and the 8th axis (Open question and revisit condition).

Raw responses and comparison record: Protocol · Blind readings (JSONL) · Axis comparison (JSONL) · SHA-256 (JSON)

Lower-court contrast & scope of application

Lower-court reading vs. Supreme Court holding

Lower-court context: The court below found all of the charged facts guilty, yet held that the game items acquired by the defendant through the offenses or the proceeds of their sale constitute property damaged by crime under Article 8 paragraph (3) of the Act on Regulation and Punishment of Criminal Proceeds Concealment and therefore could not be subjected to additional collection. The defendant contested the court below's determination of the amount of gain in connection with the violation of the Act on the Aggravated Punishment of Specific Economic Crimes (fraud).

Supreme Court standard: The Supreme Court rejected the defendant's grounds for final appeal and left intact the determination of the amount of gain. However, it accepted the prosecution's final appeal, stating that property produced by the offense of interference with information and communications networks, etc. and the offense of obstruction of business is criminal proceeds subject to additional collection, and that the fact that it also constitutes property damaged by crime does not warrant a different conclusion. Because the court below did not pronounce additional collection, the portion relating to additional collection could not be singled out for reversal; the Supreme Court therefore reversed the judgment of the court below in its entirety and remanded the case.

Distinguishing conditions

• Cases in which the property in question was obtained solely through the offense of fraud and does not constitute criminal proceeds of a separate crime such as the offense of interference with information and communications networks, etc. or obstruction of business
• Cases in which it is not confirmed on the record that the acquired property is property produced by information impairment or obstruction of business, or property obtained through its disposition
• Cases in which the court below pronounced additional collection even in part, so that the portion relating to additional collection can be singled out for reversal

Record verification notes

Before asserting the same conclusion, one needs to check whether the property in question, independently of being property damaged by crime, constitutes criminal proceeds or property derived from criminal proceeds under Article 2 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, and whether the predicate offense is included among the serious offenses under that Act.

From the official text

Points at issue

정보통신망에 의하여 처리·보관되는 타인의 정보 훼손으로 인한 정보통신망 이용촉진 및 정보보호 등에 관한 법률 위반(정보통신망침해등)죄 및 업무방해죄에 의하여 생긴 재산과 그 재산의 처분으로 얻은 재산이 범죄수익은닉의 규제 및 처벌 등에 관한 법률 제8조 제1항, 제10조 제1항에 따라 추징의 대상이 되는지 여부(적극) / 위와 같은 범죄수익 등이 특정경제범죄 가중처벌 등에 관한 법률 위반(사기)죄의 피해자로부터 취득한 재산과 그 재산의 처분으로 얻은 재산, 즉 범죄수익은닉의 규제 및 처벌 등에 관한 법률 제8조 제3항에서 정한 ‘범죄피해재산’에 해당하더라도 마찬가지인지 여부(적극)

Summary of the holding

The official text publishes no summary of the holding for this decision. The quotation and factors in this record are copied verbatim from the points at issue; the evidence for each axis is taken from the points at issue, the order and the reasons.

Order

원심판결을 파기하고, 사건을 광주고등법원에 환송한다.

Provisions referred to

범죄수익은닉의 규제 및 처벌 등에 관한 법률 제2조, 제8조 제1항, 제3항, 제10조 제1항, 정보통신망 이용촉진 및 정보보호 등에 관한 법률 제49조, 제71조 제1항 제11호, 형법 제314조 제1항, 제347조의2, 특정경제범죄 가중처벌 등에 관한 법률 제3조 제1항