All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and ten months, and by imprisonment with prison labor for a year.

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court of Defendant A (two years of imprisonment, etc.) is too unreasonable.

B. Defendant B’s punishment (the first instance court: imprisonment with prison labor for 10 months, the second instance court: imprisonment with prison labor for 2 months) is too unreasonable.

C. The above sentence sentenced by the first instance court against Defendant B is too unfased and unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

A. As to the judgment below, the judgment of the court below against Defendant B (Defendant B), the prosecutor filed each appeal against the judgment of the court of first instance, and this court decided to hold all of them together with the court of first instance.

Defendant

Since each crime of the judgment below against B is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment on the corresponding part cannot be maintained as it is.

B. The first instance court’s judgment on the collection of penalty against Defendant B (1) is the Act on the Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “Act on the Regulation of Criminal Proceeds Concealment”).

(2) According to Article 2 subparag. 1 and [Attachment Table] subparag. 1(k) of the Regulation of Criminal Proceeds Concealment Act, a collection order is issued against Defendant B based on Article 10(1) and Article 8(1) of the same Act, only if the value of the property or profit on property acquired or had a third party acquire is more than 300 million won but less than 50 million won.

In addition, according to Article 2 subparagraph 2 (a), Article 10 (1), and Article 8 (1) of the Regulation on Regulation of Criminal Proceeds Concealment Act, criminal proceeds, which are property generated by a criminal act corresponding to a serious crime, can be confiscated, and if it is impossible to confiscate it, the equivalent value can be collected from the criminal.

However, in the case of 2020 Godan2905, Defendant B acquired or had a third party acquire by means of criminal act.