The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The lower court deemed that the Defendant obtained criminal proceeds of KRW 666,216,644 in total through each of the instant crimes, and additionally collected such proceeds from the Defendant.

However, since the defendant committed each of the crimes of this case with the accomplice B and C, only the profit accrued to the defendant can be collected from the defendant. Since it cannot be accurately confirmed, 22,072,214 won (=66,216,64 won ±644 won ± 666,216,644 won) that was equally divided among the accomplices can be collected from the defendant.

Even if it is not so, at least the above 666,216,644 won of monthly salary 20 million paid by the defendant to B (=2 million won x 10 months), monthly salary 24 million paid to C (=3 million won x 8 months), and new allowances paid to B should be deducted.

Therefore, the lower court erred by misapprehending the legal doctrine on additional collection, thereby adversely affecting the conclusion of the judgment, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, three years of suspended execution, probation, community service, confiscation, and collection) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. The cost spent by an offender to obtain criminal proceeds in addition to the relevant legal principles and criminal proceeds shall not be deducted from criminal proceeds because it is merely a method of consuming criminal proceeds, even if it was spent from criminal proceeds.

(See Supreme Court Decision 2005Do7146 Decided June 29, 2006). B.

Judgment

In light of the above legal principles, this case is examined.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the subject to whom profits and losses arising from the credit business business is attributed, and B and C, jointly with the defendant.