The judgment below

Among them, each part of the confiscation against the Defendants is reversed.

The remaining appeal by the Defendants and the prosecutor.

1. Summary of grounds for appeal;

A. The lower court’s punishment (i) against the Defendants (unfair punishment: imprisonment of one year and six months; imprisonment of three years; fine of 50,000,000; confiscation; confiscation; social service activities of 200 hours; (ii) imprisonment of one year, one year of suspended execution; and two years of suspended execution; confiscation) is unreasonable.

B. The lower court’s sentence against Defendant A is too uneased and unreasonable.

2. Determination

A. Article 19(2)3 of the Act on the Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “the Act on the Regulation of Criminal Proceeds Concealment”) defines “crimes under Article 19(2)3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) as one of the serious crimes (Article 32 of the Act on the Regulation of Criminal Proceeds Concealment), and the property, etc. generated from serious crimes may be confiscated as “criminal proceeds” (Article 2(2) of the Act on the Regulation of Criminal Proceeds Concealment).

(Article 8(1) of the Regulation of Criminal Proceeds Concealment Act. On the other hand, if the property that can be confiscated as criminal proceeds is mixed with property other than the property subject to confiscation, the part equivalent to the amount or quantity of the property subject to confiscation may be confiscated.

(Article 8(2) of the Act on the Regulation of Criminal Proceeds Concealment. The record reveals that the Defendants used each account listed in the separate sheet 2 and 3 to engage in credit business and received interest exceeding the interest rate set forth in the Credit Business Act. However, the money deposited in each of the above accounts includes the principal and interest that should be properly reverted to the Defendants in addition to the interest exceeding the interest rate set forth in the Credit Business Act corresponding to criminal proceeds.

Therefore, money deposited in each account in attached Forms 2 and 3 constitutes a case where the property that can be forfeited as criminal proceeds under Article 8(2) of the Act on the Regulation of Criminal Proceeds Concealment is combined with property other than the property subject to forfeiture.