A. misunderstanding of facts or misunderstanding of legal principles (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the "Act on the Aggravated Punishment, etc. of Specific Economic Crimes" only is the violation (Embezzlement)) 1) that the Defendant spent 3 billion won out of the money in D, AS, etc., but the said money was withdrawn from AS, etc. as a check for money laundering according to M's order, and M is only 30 copies of the cashier's checks of KRW 100 million listed in paragraph (1) of the crime of the judgment below (the "the check of this case").

(2) The judgment of the court below which found the Defendant guilty of this part of the instant check as the violation of the Specific Economic Crimes Act (Embezzlement) does not constitute a separate crime, even if the Defendant, etc. arbitrarily consumed the instant check in order to conceal criminal proceeds. Nevertheless, there is an error of misunderstanding of facts or misunderstanding of legal principles, which found the Defendant guilty of this part of the facts charged. The Defendant merely received KRW 1 billion out of the instant check in the course of embezzlement committed in collusion with D, AS, and divided KRW 1 billion to AS, who is an accomplice. Since it was merely again borrowed part of KRW 1 billion from AS thereafter, the Defendant consumed 2 billion out of the instant check and calculated the additional collection charge against the Defendant as KRW 2 billion.

B. The sentence imposed by the court below on the defendant (two years of imprisonment, two billion won of additional collection) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. Article 746 of the Civil Act provides that “The return of any property or labor provided for illegal causes shall not be claimed when the property is paid or such labor is provided for the illegal cause” shall not be permitted to file a claim for return of unjust enrichment in the event of illegal consideration.

The reason for performance is that there is a "illegal act" in this context.