All appeals filed by the prosecutor against the Defendants are dismissed.

1. The lower court, which did not order the Defendants to collect the penalty in accordance with Article 10(1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds (hereinafter “Regulation on Concealment of Criminal Proceeds”), has erred by misapprehending the legal doctrine.

2. Determination

A. The lower court determined that the Defendants received KRW 9,130,00 from G to conceal criminal proceeds through the J Nonghyup Bank account, but it is deemed that the Defendants received a total of KRW 13,00,000 from G three times, and the Defendants received a repayment of the sum of principal and interest every month, and thus, the Defendants included the principal and interest that do not constitute criminal proceeds and the normal interest that did not exceed the limited interest rate, and thus, the criminal proceeds were specified.

It was determined that the Defendants could not be seen, and the Defendants did not be sentenced to additional collection.

B. (1) The decision of the party deliberation (1) The prosecutor's collection under Article 10 (1) of the Act on Regulation of Concealment of Criminal Proceeds, which is superior to the law of the grounds for the collection of additional collection, is discretionary and the determination of additional collection under the above provision is at the discretion of the court (see, e.g., Supreme Court Decision 2007Do2451, Jun. 14, 2007). Thus, the court below did not sentence additional collection based on the above provision.

Therefore, it cannot be viewed as unlawful in itself.

(2) Whether or not a collection is subject to strict certification is not required, but where it is impossible to specify the criminal proceeds subject to collection, the collection may not be made.

The facts charged in relation to which the Prosecutor was entitled to collect additional charges was paid KRW 9,130,00 through the account of the J in order to make it difficult for the Defendants to use the said funds to loan KRW 3 million to G on October 2014 without registering the loan business and to receive interest exceeding the interest rate limit. In full view of the evidence duly adopted and examined by the court below, the court below is the JJ.