All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and eight months of imprisonment) is too unreasonable.

B. Prosecutor 1) In order to recover property damaged by mistake of facts and misunderstanding of legal principles, the Act on Special Cases concerning Forfeiture and Restoration of Corruption Property (hereinafter “Corruption Property Confiscation Act”).

(2) The lower court’s decision that did not order the Defendant to collect a penalty is erroneous in misunderstanding of facts or misunderstanding of legal principles, as it did not order the Defendant to do so, since the gains acquired by the Defendant were specified as at least 2,30,000 won by the statement of the Defendant and the accomplice. Nevertheless, the lower court’s decision that did not order the Defendant to collect a penalty is erroneous in misunderstanding of facts or misunderstanding of legal principles. (2) The sentence imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. The lower court determined the Prosecutor’s assertion of mistake of facts and misapprehension of the legal doctrine on the Defendant’s assertion that the Defendant was additionally collected KRW 68,363,968, but it is difficult for the Prosecutor’s suspect interrogation protocol, etc. submitted by the Prosecutor to specify the criminal damage property actually acquired by the Defendant due to the instant crime, and thus, did not order the Defendant to additionally collect the Defendant on the ground that the prosecutor’s claim for additional collection cannot be deemed to meet the requirements

In addition to the circumstances stated by the court below, Article 6 (1) of the Act on the Confiscation of Corruption Property applies to cases where the property referred to in Article 3 (Confiscation of Property) is under investigation or pending in the court at the time of the enforcement of the Act pursuant to Article 2 of the Addenda (No. 1644, Aug. 20, 2019) of the Act on the Confiscation of Corruption Property.

In cases where it is deemed extremely difficult for a crime victim to recover from damage because he/she cannot exercise the right to claim the return of property or the right to claim damages against a criminal with respect to his/her property.