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

Defendant .

A. Defendant A 1) Mambling by misunderstanding the facts and legal principles, and the lost amount is the criminal proceeds of the Defendant. Although gamblings did not lose all the amount used as gambling funds, the lower court, which recognized it as criminal proceeds of the Defendant, was calculated excessively by recognizing it as criminal proceeds of the Defendant.

2) The punishment of the lower judgment that was unfair in sentencing (one year of imprisonment, two years of suspended sentence, 798, 600,000 additional collection) is too unreasonable.

B. Defendant B (1) misunderstanding of the facts and misapprehension of the legal doctrine, the Defendant did not have any intention to assist the Defendant to easily open a casino, as he had known that he had a Korean national in a casino to open a gambling.

2) The punishment (6 months of imprisonment, 2 years of suspended execution) of the lower judgment that was unfair in sentencing is too unreasonable.

(c)

(1) The Prosecutor’s misunderstanding of facts and misapprehension of the legal doctrine (not guilty part) is that the Defendant received gambling using physical facilities of the victimized person, and thus, the crime of embezzlement is established in relation to the injured person.

B) On August 6, 2013, Defendant B knew that the part of aiding and abetting the Defendant in violation of the Tourism Promotion Act and aiding and abetting the opening of gambling prior to August 6, 2013, the Defendant knew of the opening of gambling by A even before August 6, 2013, and thus, the lower court erred by misapprehending the facts.

2) The punishment of the lower judgment (for the Defendants, KRW 1 year of imprisonment, KRW 2 year of suspended sentence, KRW 798,600,000, KRW 6 months of suspended sentence, Defendant B and C imprisonment, KRW 2 year of suspended sentence, Defendant D’s imprisonment, and KRW 1 year of suspended sentence) is too uneasible and unfair.

2. Determination

A. Part 1 with respect to Defendant A is subject to the judgment on the additional collection (Defendant) or whether the additional collection is subject to confiscation or collection, or the recognition of the amount of additional collection, etc. are not related to the elements of crime, and thus strict certification is not necessary, but also recognized by evidence.