All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The prosecutor (legal scenario assertion) pretended that the profits earned from the instant commercial sex acts by using the borrowed-name account recorded in the instant facts charged by the Co-Defendant B of the lower court (hereinafter “instant account”) was the payment lawfully acquired. This is not only a disguised fact about the acquisition or reversion of criminal proceeds under Article 3(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, but also a disguised fact about the cause of occurrence under Article 3(1)2 of the same Act.

B. The Defendant (the Defendant’s 10 months and the additional collection)’s punishment (the Defendant’s 10 months and the additional collection) is too unreasonable.

2. Determination

A. As to the prosecutor's assertion of misapprehension of the legal principles, "the act of pretending the acquisition of criminal proceeds, etc." under Article 3 (1) 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment means an act that disguises the acquisition of criminal proceeds, etc. as if they were properly acquired, or pretends the fact concerning the reversion of criminal proceeds, as if they were not reverted to. "the act that disguises the fact about the cause of criminal proceeds" under Article 3 (1) 2 of the Act refers to an act that disguises as if there exist no facts concerning the cause of criminal proceeds, or as if there exist no facts that are false or existing. Thus, such act must be deemed as an act that is separate from the pertinent criminal act that generates criminal proceeds, and it does not correspond

(see, e.g., Supreme Court Decisions 2006Do7881, Feb. 15, 2008; 2014Do4408, Sept. 4, 2014). Meanwhile, “an act of pretending the fact about the acquisition or disposal of criminal proceeds, etc.” under Article 3(1)1 of the same Act refers to an account in the name of another person.