The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment and additional collection) is too unreasonable.

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

A. On November 13, 2019, the Defendant appealed to the Daegu District Court Decision 2019Kadan552 Decided November 13, 2019, which was sentenced to imprisonment for a crime of fraud, etc., and was sentenced to the dismissal of the appeal in the Daegu District Court Decision 2019No4599 on May 13, 2020, and the Defendant did not file an appeal, and the fact that the said first instance judgment became final and conclusive on May 21, 2020 is significant in this Court.

The crime of this case was committed before the above judgment becomes final and conclusive, and the crime of this case, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment of this case shall be determined after examining whether to reduce or exempt the punishment, taking into account equity with the case to be adjudicated at the same time pursuant to the main sentence of Article 39(1)

Therefore, the judgment of the court below is no longer maintained.

B. Based on Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “Regulation of Criminal Proceeds Concealment”), the lower court ordered the Defendant to additionally collect KRW 2.50,000 from the Defendant.

According to Article 2 subparagraph 1 and subparagraph 1 (o) of the Regulation of Criminal Proceeds Concealment Act, it is a serious crime only if the value of the property or property gains acquired or let a third party acquire due to fraud is more than 300 million won but less than 500 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 this case, the property or property acquired by the defendant or let a third party acquire by means of criminal act.