A. Fact-misunderstanding and misunderstanding of the legal principles (the violation of the Act on the Regulation and Punishment of Concealment of Criminal Proceeds) that a defendant received the outstanding amount from sales to another person's account is merely an act of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) and cannot be evaluated separately as a violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds. Even if the crime of violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds is established, such a crime of violation of the Act on the Aggravated Punishment, etc. of Specific

B. The punishment sentenced by the lower court against the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. Article 3(1)1 of the Act on the Regulation and Punishment of Concealment of Criminal Proceeds as to the misunderstanding of Facts and the argument of misunderstanding of legal principles punish “the act of pretending the acquisition or disposition of criminal proceeds”. Such act may include the act of pretending that criminal proceeds, etc. belong to a third party, such as depositing criminal proceeds into an account held in another person’s name. The crime of violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds is one of the crimes generating criminal proceeds and the substantive concurrent crimes under the former part of Article 37 of the Criminal Act (see Supreme Court Decisions 2012Do6079, Sept. 27, 2012; 2014Do1263, Dec. 24, 2014). Examining the foregoing legal principles, it is reasonable to view that the Defendant received direct transfer from the victim’s name holder or received transfer proceeds from the account in the name of the third party, and that such act should be subject to an aggravated punishment for the transfer of proceeds from the account under the name of the third party.