All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Of the sentencing of the defendant (the court below: 4 years of imprisonment with prison labor, and confiscation)

B. Prosecutor 1) Sentencing and around 2) The amount of money that the Defendant conspired with the employees of Bosing singing in collusion with the victims should be collected in full in accordance with the Act on Special Cases Concerning the Confiscation and Restoration of Corruption Property (hereinafter “Corruption Property Death Act”).

2. Determination

A. We examine the judgment of both parties on the unfair argument of sentencing, the fact that the defendant led to the confession of each of the crimes of this case, and that there is no record of punishment exceeding the same kind of punishment or fine in the past, etc. are favorable to the defendant.

On the other hand, in light of the nature, circumstances, methods, and the amount of fraud, etc. of each of the crimes of this case, the responsibility for the crime is grave, and the victims did not receive the victim's test until the trial is held, and the damage has not been recovered almost, etc. are disadvantageous to the defendant.

In addition, comprehensively taking account of the conditions of sentencing prescribed in Article 51 of the Criminal Act, the court below's determination of punishment is acceptable, and there is no reason that both parties assert it.

B. Article 6(1) of the Act on the Aggravated Punishment of Decomposed Property by Public Prosecutor’s Claim on Collection of Additional Charges provides that “In cases where the victim of a crime is unable to exercise his/her right to claim the return of property or the claim for compensation for damage against a criminal with respect to the property damaged by the crime, or where it is deemed that the recovery of damage is extremely difficult,

It provides only the exceptional reasons for forfeiture and collection as ".........."

In this regard, property damaged by crime is also included in perishable property, and in the case of perishable property, the subject and requirements of confiscation and collection are specifically prescribed in Articles 3 through 5 of the Act on the Elimination of Decomposed Property, and therefore, Article 6 (1) of the Act is exceptionally possible to confiscate and collect the property damaged by crime.

Therefore, the confiscation and collection under Article 6 (1) of the above Act are also possible in accordance with the subjects and requirements of Articles 3 through 5 of the above Act.