특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment below
All parts of the compensation order, except the compensation order, shall be reversed.
Defendant
C. The Defendant D., in the period of three and a half years of imprisonment.
1. The court below's scope of judgment in this case is "violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes" in the part other than the defendant C, D, E, F, G, H, I, and J's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and "Act on the Aggravated Punishment, etc. of Specific Economic Crimes" is "Act on the Aggravated Punishment, etc.
Of the facts charged as to Defendant K’s habitual fraud, the lower court dismissed the public prosecution on the part of Section 8, 9, 10, 56, 59, 65, 66, 68, and 70 of the attached Table 1 of the List of Crimes.
Since only the Defendants filed an appeal disputing each part of the judgment below's conviction, and the prosecutor did not file an appeal against the dismissal part of the above indictment, the dismissal part of the above indictment is exempted from the object of attack and defense between the parties, and is not subject to examination and judgment by this court.
Therefore, this court decides only the guilty portion of the judgment below.
2. Summary of grounds for appeal;
A. The lower court sentenced Defendant C, E, and I to additionally collect the amount that Defendant C, E, and I acquired by committing a crime of violating the Act of the Specific Economic Crimes. However, the said amount constitutes “property damaged by a crime” acquired by “property” and thus constitutes “the Act on Regulation and Punishment of Concealment of Criminal Proceeds” in the part other than “the Act on Regulation and Punishment of Concealment of Criminal Proceeds.”
Pursuant to Articles 8(3) and 10(2), the number of sunset and additional collection shall be prohibited.
Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to collection.
B. Sentencing (Defendant C) The sentence that the lower court sentenced the Defendants to each punishment (Defendant C: imprisonment of 4 years, confiscation, additional collection of 134,859,820 won, Defendant D: imprisonment of 3 years, confiscation, additional collection of 10,000 won, Defendant E: imprisonment of 3 years, confiscation, additional collection of 36,130,00 won, Defendant F: imprisonment of 3 years, confiscation, confiscation, additional collection of 3 years, confiscation, additional collection of 53,82,037 won, Defendant G: imprisonment of 3 years, confiscation, additional collection of 25,63,745 won, Defendant H: imprisonment of 2 years and 6 months.