Defendant

A Imprisonment of one year and four months, Defendant B’s imprisonment of one year and two months, and Defendant C of one year and one year.

A. Inasmuch as Defendant A, in collusion with E, opened a private sports entertainment site and was in a position to manage the employees by using the name of the team leader, Defendant A may additionally collect an amount equivalent to the amount of benefits that Defendant A received pursuant to Article 51(1) and (3) of the National Sports Promotion Act. In addition, it is difficult to deem that the Defendants received benefits during the period of crime and received criminal proceeds from the principal offender.

Article 2 subparag. 1 [Attachment Table] of the Act on the Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “the Act on the Regulation of Criminal Proceeds Concealment”) provides that the crime of opening gambling spaces and other crimes in relation to such crimes are “serious crimes” and Article 2 subparag. 2 (a) of the same Act provides that the property acquired as remuneration for criminal acts constituting a serious crime shall be “criminal proceeds.” Thus, the benefits received by the Defendants (Defendant A: 39,000,000, Defendant B: 23,500,000, Defendant C: 21,000,000, Defendant D:2,300,000,000, and Defendant D:00,000) constitute criminal proceeds and thus, can be additionally collected pursuant to Articles 10(1) and 8(1) of the same Act.

3) Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the Defendants’ failure to collect the benefits paid by the Defendants. However, the lower court’s respective sentence (two years of the suspension of execution against the Defendants, one year and four months of imprisonment, community service, 160 hours, Defendant B: one year and two years of the suspension of execution against the Defendants, one year and two years of the suspension of execution against the Defendants, one year and one year of imprisonment, two years of the suspension of execution against the Defendants C, one year of community service, one year of imprisonment, two years of the suspension of execution against the Defendants C, and two years of the suspension of execution against the Defendants D: two years of imprisonment for eight months, and 80 hours

2. Judgment on the misapprehension of legal principles as to collection

A. In a case where the principal offender who committed similar acts under the National Sports Promotion Act was paid wages to employees who are co-offenders, the principal offender is merely the principal offender.