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

Defendant

H. H. ..

A. Defendant A (1) misunderstanding of facts by the lower court’s erroneous determination of facts, thereby excessively calculating the surcharge. (2) The lower court’s sentence is too heavy.

B. Defendant B (1) misunderstanding of facts is merely an investor of the instant game site, and the Defendant did not participate in the operation and exchange of the instant game site at all, and L et al. did not know the fact that illegal exchange was conducted on the instant game site. As such, the Defendant cannot be deemed to have engaged in a functional control over the instant crime through an invitation to commit the instant crime or an inherent contribution. (2) The sentence of unfair sentencing is too heavy.

C. Defendant C, D, H, and I’s punishment are too heavy. D.

The Prosecutor (Defendant A, B, and C) each sentence of the lower court on Defendant A, B, and C is too minor.

2. Judgment on Defendant A’s assertion of mistake of facts

A. Whether the relevant legal principles are subject to forfeiture and collection, and the recognition of the amount of additional collection, etc. are not related to the facts constituting the elements of crime, and thus, it is not necessary to prove strict evidence, but also recognized by evidence. However, if it is impossible to specify the criminal proceeds subject to forfeiture and additional collection, it cannot be collected additionally

B. (See, e.g., Supreme Court Decision 2008Do1392, Jun. 26, 2008).

Judgment

The lower court collected 52 million won from the Defendant on the basis of the statement in the account book and M’s investigative agency of the game of this case.

However, the following circumstances acknowledged by the evidence adopted by the lower court, i.e., (i) the account books secured by the investigative agency in relation to the instant criminal proceeds, were prepared for five days from December 28, 2017 to January 1, 2018; and (ii) the total amount of the proceeds was confirmed to be KRW 25,098,00,00; and (iii) the investigative agency estimated the entire criminal proceeds of the instant game to the extent of KRW 7 million,00,000,000 during the period of operation of the instant game site; and (iv) the investigation agency of M.