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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. (Public Prosecutor) With respect to the omission of collection, the profits earned by the Defendants through the instant crime are “the goods that were produced or acquired by the commission of the crime” under Article 48(1)2 of the Criminal Act, and if it is impossible to confiscate them, they should be collected additionally. Thus, the additional collection amount of KRW 22 million received by Defendant A, KRW 18 million received by Defendant B, KRW 17 million received by Defendant C, and KRW 25 million received by Defendant D should be ordered.
B. Each decision on unfair sentencing (the original decision: 6 months of imprisonment by each of the Defendants, 2 years of suspended execution, and A confiscation)
2. Determination
A. In light of the determination on the assertion of omission of collection, the issue of whether to issue an order is discretionary action, since the collection of additional collection under Article 48(1)2 of the Criminal Act alleged by the prosecutor is not a necessary additional collection.
(The same shall apply to the case of Article 10 (1) of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds stated in the bill of indictment by the public prosecutor. The prosecutor's assertion is without merit.
B. Determination on the assertion of unfair sentencing is based on the following circumstances: (a) the Defendants were disadvantageous to the Defendants; (b) the Defendants made confessions; and (c) the Defendants do not have any criminal record, such as the first offender who did not receive any criminal punishment; and (d) the fact that they did not have any criminal record, etc. are favorable to the Defendants.
In addition, comprehensively taking account of the conditions of sentencing under Article 51 of the Criminal Act, the lower court’s sentencing is acceptable and it is not unreasonable for the Defendants and prosecutor to assert.
3. In conclusion, since the appeal by the Defendants and the public prosecutor is without merit, all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.