The judgment below

We reverse the part concerning collection among the penalty surcharges.

1,511,356,284 won shall be collected from the defendant.

1. Summary of grounds for appeal;

A. The court below erred in the misapprehension of legal principles as to "goods acquired in return for a criminal act" under Article 48 (1) 3 of the Criminal Act or "property derived from criminal proceeds" under Article 2 and Article 6 (1) 2 of the Act on Regulation and Punishment of Criminal Proceeds, etc., and thus, the defendant should be confiscated from the defendant on behalf of the defendant as to five additional collection values (260,309,565 won) of the above aggregate amount from five additional collection amounts (260,309,565 won), and five additional collection amounts from the above aggregate amount from the defendant as to the above aggregate amount from the crime of breach of trust. Thus, the court below erred in the misapprehension of legal principles as to "the goods acquired in return for a criminal act" under Article 48 (1) 3 of the Criminal Act or "the goods acquired in return for a criminal act" and "the property derived from criminal proceeds" under Article 2 and Article 6 (1) 2 of the Act on Regulation and Punishment of Criminal Proceeds.

B. The sentence sentenced by the court below to the defendant (the imprisonment of three years and six months, additional collection of 1,584,611,904) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding legal principles, the property acquired by a criminal or a third party who knowingly acquired through a crime of misappropriation under Article 357(1) of the Criminal Act shall be confiscated.

If it is impossible to confiscate such property or it has obtained any pecuniary benefit, the value equivalent thereto shall be collected.

3) In the event that a confiscation or collection is possible, there is no room to apply Article 48 of the Criminal Act on discretionary confiscation or collection, or the provisions of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds.

In addition, according to the evidence duly adopted and examined by the court below and the court below, the defendant is respectively held in the court below.