사기등
The judgment of the court below is reversed.
Defendant
A and C Imprisonment with prison labor for one year and six months, and two years of imprisonment for Defendant B, and Defendant D and E.
1. Summary of grounds for appeal;
A. The Defendants alleged to be erroneous in the misapprehension of the legal doctrine as to the collection of additional charges by the prosecutor are engaged in activities as members of a criminal organization for the crime of the instant Bosing fraud and received money under the pretext of salary, etc. shall be subject to additional collection in accordance with Articles 8(1) and 10(1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds (hereinafter “the Act on Regulation of Concealment of Criminal Proceeds”).
Despite such fact, the lower court did not additionally collect the amount equivalent to the pertinent criminal proceeds from the Defendants by misapprehending the legal doctrine on additional collection.
B. Defendant A, B, C, and D, who alleged unfair sentencing against the Defendants of the above Defendants, A, C, and D, appealed to the lower court’s sentence (one year and six months of imprisonment for Defendant A; two years of imprisonment for Defendant B; one year and six months of imprisonment for Defendant C; and one year and one year of imprisonment for Defendant D). The prosecutor appealed to the lower court’s sentence against the above Defendants and the Defendant E (one year of imprisonment for the said Defendants and two years of suspended execution) so far as it is unfair.
2. Determination as to the Prosecutor’s assertion of misapprehension of the legal principles on 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 Regulation on the Concealment of Criminal Proceeds Act provide that property of criminal proceeds such as property of criminal injury, crime under Articles 5-2(1)1 and 5(2)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, or crime under Articles 650, 652 and 654 of the Debtor Rehabilitation and Bankruptcy Act, or property acquired from the injured person by a criminal act corresponding to the crimes under Articles 650, 652 and 654 of the Debtor Rehabilitation and Bankruptcy Act.