The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which did not order the collection of additional charges against the defendant even though the benefit acquired by the defendant was specified by the defendant's statement was erroneous in misconception of facts and misapprehension of legal principles.

B. The sentence of imprisonment (two years of imprisonment) imposed by the court below on the defendant is too uneasible and unfair.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The lower court determined that the prosecutor sought an additional collection of KRW 60 million against the Defendant, but it was difficult for the prosecutor to specify the criminal injury property actually acquired by the Defendant due to the instant crime, such as the suspect interrogation protocol against the Defendant submitted by the prosecutor, and thus, the prosecutor’s request for additional collection cannot be deemed as satisfying the requirements for additional collection under Article 6(1) of the Act on Special Cases Concerning the Confiscation and Restoration of Decomposment Property (hereinafter “Corruption Property Confiscation Act”).

B. 1) On March 5, 2020, the public trial examiner of the court below applied for the amendment of indictment to add "Article 10(1) and Article 8(1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment (hereinafter "the Act on the Regulation of Criminal Proceeds Concealment") to the applicable provisions of the indictment on March 5, 2020 (hereinafter "the Criminal Proceeds Concealment Regulation"). However, since the additional collection stipulated in Article 10 of the Act on the Regulation of Criminal Proceeds Concealment is voluntary, whether to collect additional collection is made or not is left at the discretion of the court, and Article 10(2) of the Act on the Regulation of Criminal Proceeds Concealment provides that if property such as criminal proceeds is property damaged by crime, it is not appropriate to collect additional collection as criminal proceeds if it should be returned to the victim, as the court below stated, Article 6(1) of the Act on the Regulation of Criminal Proceeds Concealment Property under Article 6(1) of the Act on the Punishment of Corruption Property.