The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal by the defendant does not reach the commencement of the crime of acquiring stolens by cash (Evidence No. 1) confiscated at the court below, and there was no provision of punishment for attempted crimes, and there was no conviction judgment for the crime of acquiring stolens. The judgment of the court below which sentenced forfeiture of stolens No. 1 is unlawful, and the punishment of imprisonment (one year of suspension of execution, three years of probation, probation, community service order 200 hours, confiscation) is too unreasonable.

2. As to the assertion of illegality of confiscation, Article 48(1) of the Criminal Act provides that "goods provided or intended to be provided for an act of crime" in subparagraph 1 and subparagraph 2 of the same Article provides "goods produced or acquired by an act of crime" respectively.

The term "goods provided for an act of crime" in subparagraph 1 means goods used for an act closely related to an act of crime or an act of crime, and the term "goods intended to be provided for an act of crime" means goods prepared to be used for an act of crime but not actually used.

In addition, "goods acquired through criminal conduct" referred to in subparagraph 2 means the goods that had been in existence at the time of criminal conduct and have been obtained through criminal conduct.

Meanwhile, the proviso of Article 49 of the Criminal Act provides that “In a case where a judgment of conviction is not rendered against an accused, confiscation may be ordered when the requisites of confiscation exist.” However, since there is no system under which confiscation can be ordered separately without institution of public prosecution under our legislation, the requirements of confiscation should be related to the facts charged for which a public prosecution has been instituted, and confiscation or additional collection shall be made by a court, recognizing separate facts constituting an offense against which no public prosecution has been instituted, and thus, confiscation or additional collection shall be made.