The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Under Articles 8(1) and 10(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment that the Defendant received 40 million won as benefits during the period of the instant crime falls under “property acquired as remuneration for the act of crime” under Article 2 subparag. 2(a) of the same Act, and thus, is subject to confiscation and collection.

Nevertheless, the judgment of the court below which did not order the defendant to collect additional collection equivalent to the above amount is erroneous in the misapprehension of legal principles as to additional collection.

B. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, etc.) is too uneasible and unfair.

2. Determination

A. Determination of the misapprehension of the legal doctrine on the assertion of the lower court’s assertion 1) In a case where the principal offender who committed similar acts under the National Sports Promotion Act pays wages to employees who are co-offenders, if it can be deemed that such wages were paid as part of distributing criminal proceeds, the amount equivalent to the wages that he/she received from his/her principal offender may be additionally collected from his/her employees who are co-offenders pursuant to Article 51(1) and (3) of the National Sports Promotion Act. On the other hand, if the principal offender merely paid wages to employees who are co-offenders as part of paying expenses in order to obtain criminal proceeds, additional collection pursuant to the above provision on employees who are co-offenders may not be allowed (see Supreme Court Decision 2018Do6163, Jul. 11, 2018). In light of the purport of the above legal doctrine, in light of the role, period of service, and amount received by the Defendant, the

Therefore, it is difficult to see that the Defendant received benefits during the period of crime and cannot be deemed to have received criminal proceeds from the main offender B, C, etc. As such, the amount equivalent to the above benefits by the Defendant pursuant to the relevant provisions of the National Sports Promotion Act or the relevant provisions of the Act on Regulation and Punishment of Criminal Proceeds Concealment.