The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

The lower court found the Defendant guilty of the facts charged, and dismissed all of the Defendant’s petition for compensation order B and C.

According to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation is unable to file an appeal against the judgment dismissing the application for compensation order. Therefore, the rejection part of the above application for compensation order was immediately finalized.

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.

2. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. Unlike the prosecutor 1 of the misunderstanding of the legal principle, the court below's decision that did not impose an additional collection on B with reference to 800,000 won of the judgment of the court below 50,000 won, which was acquired by the defendant by using forged official documents, is erroneous in the misunderstanding of legal principles, which affected the conclusion

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

3. Determination

A. Determination on the Prosecutor’s argument of misunderstanding the legal principles 1) Article 2 subparag. 1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds (hereinafter “Regulation on Concealment of Criminal Proceeds”) / [Attachment Table 1] Article 2 subparag. 1(e) of the Criminal Act provides that a crime of gambling in a forged public document under Article 229 of the Criminal Act shall be “serious crime” and Subparag. 2(a) of the same Article provides that any property generated by a criminal act corresponding to a serious crime or any property acquired as a result of the remuneration for such criminal act shall be “criminal proceeds” and any property derived from criminal proceeds and criminal proceeds shall be subject to collection under Articles 10 and 8 of the same Act.

Therefore, if there is money received under the pretext of compensation for a criminal act corresponding to the crime of gambling a forged official document under Article 229 of the Criminal Code, the money can be subject to collection in accordance with Article 10(1) and Article 8(1) of the Regulation on the Concealment of Criminal Proceeds.

However, since the collection stipulated in the Regulation on the Concealment of Criminal Proceeds is voluntary, it is also subject to the requirement of the collection.