The appeal is dismissed.

The grounds of appeal are examined.

Since the confiscation stipulated in Article 8 of the Act on Regulation and Punishment of Criminal Proceeds Concealment is discretionary, whether or not to confiscate any property that meets the requirements of confiscation is left at the discretion of the court.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles on confiscation, contrary to what is alleged in the grounds of appeal, and thereby adversely affecting the conclusion of the judgment, even if the court below did not sentence the Defendant to confiscate each claim for return of lease deposit (total amount of KRW 40 million) preserved for forfeiture by the Ulsan District Court 2019Hu429.

On the other hand, the prosecutor did not state the grounds of objection on the remaining convictions in the petition of appeal or the appellate brief.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.