Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for one year.

, however, the defendant.

A. The entire amount deposited by the members of the illegal sports earth site operated by Defendant A, claiming a mistake of facts against Defendant A and misapprehension of legal principles, can be deemed as criminal proceeds. Although the above Defendant pretended to acquire or dispose of criminal proceeds by using the above borrowed account, the court below acquitted the Defendant of violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment among the facts charged against the above Defendant, and did not order the collection of the total amount deposited, it is erroneous in the misapprehension of facts and misapprehension of legal principles as to criminal proceeds, thereby affecting the conclusion of the judgment.

B. Defendant A’s assertion of unfair sentencing by the lower court (one year and six months of imprisonment, confiscation) on Defendant A is too unreasonable.

C. Although Defendant B’s assertion of the misapprehension of the legal principles as to Defendant B’s possession at the time of arrest due to the instant crime, the evidence of seizure Nos. 5 through 12 (the cashier’s checks of this case; hereinafter “instant cashier’s checks”) did not constitute an article intended to be provided for the instant crime, the lower court erred by misapprehending the legal principles as to confiscation, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. As to the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles against the defendant A, "criminal proceeds" refers to "property generated by a criminal act committed in a heavy crime or property acquired as a remuneration for such criminal act" under Article 2 subparagraph 2 (a) of the Regulation of Criminal Proceeds Concealment Act (hereinafter "the Regulation of Criminal Proceeds Concealment Act") which is the object of the crime of concealment and concealment of criminal proceeds Concealment as stipulated in Article 3 of the Act on Regulation and Punishment of Criminal Proceeds Concealment. It refers to "property acquired by a criminal act committed in a heavy crime or property acquired as a remuneration for such criminal act."