All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The prosecutor (legal scenario) received KRW 2.130,032,00 from D through the account held in the name of Dozers and father, which constitutes the act of pretending the acquisition of criminal proceeds, but the judgment of the court below that acquitted the Defendant of this portion by determining otherwise, is erroneous in the misapprehension of legal principles.

B. The sentence of imprisonment (four years of imprisonment) imposed by the court below against the defendant is too unreasonable.

2. Judgment on the misapprehension of the legal principle by the prosecutor

A. The summary of this part of the facts charged is a serious crime provided in the Act on the Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “Regulation of Criminal Proceeds Concealment”), and no person shall disguise the acquisition or disposition of criminal proceeds.

The Defendant, from January 30, 2012 to November 11, 2016, by deceiving D and defrauding KRW 2,13,032,00 through 302 times as investment money, received money by defrauding from January 30, 2012 to the N Bank and G Bank Account in the name of M including the G Bank H Account in the name of M from November 30, 2012 to November 11, 2016, as shown in the List of Crimes (3) in order to disguise the fact regarding the acquisition or disposition thereof.

Accordingly, the defendant pretended about the acquisition or disposition of criminal proceeds, etc.

B. The lower court determined as follows: (a) whether the act of depositing criminal proceeds, etc. into the borrowed account constitutes “an act of pretending criminal proceeds, etc. to belong to a third party” included in the act stipulated in Article 3(1)1 of the Act on the Regulation of Criminal Proceeds Concealment; (b) the relationship between the actual user and the account holder; (c) the user’s motive and background of the use of the relevant account; and (d) the specific circumstances of deposit transactions.