A defendant shall be punished by imprisonment for not less than three years and six months.

A. Each sentence (three years, and six months, etc., of imprisonment with prison labor) of the court below against the defendant is too unreasonable.

B. As to the judgment of the court below on the ground that the defendant 81,583,90 won, which the court below acquired through the fabrication of a public document and the uttering of a forged public document, constitutes an infringement of an independent legal interest other than property, and thus, it is reasonable to additionally collect it from the defendant. Nevertheless, the judgment of the court of second instance, which did not collect it differently, is erroneous in the misapprehension of legal principles. 2) The judgment of the court of second instance on the defendant of unfair sentencing is too un

2. Determination

A. We examine ex officio the grounds for appeal for ex officio determination prior to the determination of the grounds for appeal.

The first and second original judgments are pronounced on the defendant, and the defendant filed each appeal against each of the above original judgments, and the prosecutor filed each appeal against the second original judgment, and this court tried the above two appeals jointly.

Each crime of the judgment below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of punishment aggravated by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

However, even if there are such reasons for ex officio destruction, the prosecutor's argument is meaningful, and this is examined below.

B. Articles 8(3) and 10(2) of the Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “Regulation of Criminal Proceeds Concealment”) provide that where property such as criminal proceeds is a property damaged by a crime concerning property such as fraud, it may not be confiscated or collected. However, this does not apply to the case of infringement of independent legal interests in addition to the crime concerning property.