사기등
1. The part of the judgment of the court below against the defendant A is reversed.
Three years of imprisonment with prison labor for the accused.
1. Summary of grounds for appeal;
A. The rest of the Defendants, other than Defendant F, are subject to prosecution in accordance with Articles 8(1) and 10(1) of the Act on the Regulation, Punishment, etc. of Concealment of Criminal Proceeds (hereinafter “the Act on the Regulation, etc. of Concealment of Criminal Proceeds”), while working as a member of a criminal organization for telecommunications financing fraud (the so-called “Sishing crime”; hereinafter “Sishing crime”).
Despite such fact, the lower court did not additionally collect the amount equivalent to the criminal proceeds from the relevant Defendants by misapprehending the legal doctrine on additional collection.
B. The remaining defendants except the defendants (excluding the defendants F) and the prosecutor's unfair sentencing argument that the sentence of the court below is too unreasonable, and the prosecutor asserts that the sentence of the court below is too unfeasible and unfair. The prosecutor asserts that the sentence of the court below against the defendants is too unfasible and unfair.
2. Determination as to the misapprehension of the legal doctrine of the prosecutor related to collection
A. According to Article 2 Subparag. 1 and 2 Subparag. 1 of the Regulation on Regulation of Concealment of Criminal Proceeds [Attachment] 1-(a), 2(a), 8(1), and 10(1) of the same Act, a crime under Article 114 of the Criminal Act constitutes a serious crime under the Act on Regulation of Concealment of Criminal Proceeds, and if it is impossible to confiscate the property generated by a criminal act corresponding to a serious crime or criminal proceeds, which are the property acquired by the said criminal act, that is the property acquired by the said criminal act, the equivalent value may be collected from the criminal.
Articles 8(3) and 10(2) of the Act on the Regulation of Concealment of Criminal Proceeds if the property of criminal proceeds, etc. is a crime victim's property (referring to the property acquired from the victim by a criminal act corresponding to the crime of property, the crime under Articles 5-2(1)1 and 5(2)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, or the crime under Articles 650, 652 and 654 of the Debtor Rehabilitation and Bankruptcy Act, or the property acquired by the possession or disposition of such property).