The judgment below

Among them, the part on collection of additional collection against Defendant A and the part on Defendant B shall be reversed, respectively.

Defendant

B.

1. Summary of the Defendants’ grounds for appeal

A. Defendant A1) The additional collection charge (3750 million won) of the lower court against the above Defendant is calculated without any material. Since it is excessive compared to the criminal proceeds acquired by the Defendant, it is unreasonable.

2) The sentence of the lower court (six months of imprisonment) against the above Defendant is too unreasonable.

B. The lower court’s sentence (7 million won) against Defendant B is too unreasonable.

2. Determination

A. 1) Ex officio determination as to Defendant B’s grounds for appeal is ex officio prior to the judgment on the grounds for appeal by the above Defendant, and criminal facts against the above Defendant constitute aiding and abetting, and the punishment shall be determined within the scope of the term of punishment which is necessary to be mitigated pursuant to Article 32(2) of the Criminal Act. The lower court erred by omitting aiding and abetting in excess of this, and determining the punishment by sentence.

2) In addition, the term “crimes punishable by imprisonment without prison labor or heavier” under Article 35(1) of the Criminal Act refers to crimes punishable by imprisonment with prison labor or imprisonment with prison labor with prison labor, and where a fine selected among the punishment prescribed for the crime is a fine, it cannot be subject to the aggravation of repeated crimes (see, e.g., Supreme Court Decision 82Do1018, Jul. 27, 1982). The lower court erred by choosing fines for the instant crime and applying Article 35 of the Criminal Act to the extent that a repeated crime is aggravated.

3) In this respect, the part of the lower judgment against the above Defendant cannot be maintained as it is.

B. Determination 1 on Defendant A’s assertion of additional collection charges) Article 47 subparag. 1 of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds is subject to additional collection pursuant to Article 2 subparag. 1 of the Act on the Regulation and Punishment, etc. of Criminal Proceeds / [Attachment] Articles 16, 8, and 10 of the Act, and each of the above provisions aims to deprive the offender of unlawful profits and prevent him/her from holding it. Thus, the scope of additional collection is the actual profit acquired by the offender.