국민체육진흥법위반(도박개장등)등
All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Each sentence sentenced by the court below against the above Defendants A, B, D, E (Defendant A: Imprisonment of one year and six months, Defendant D, and E: Imprisonment of one year and two months, Defendant D, and E respectively, eight months of suspended execution, two years of suspended execution, and Defendant F: Imprisonment of six months, and two years of suspended execution) are too unreasonable.
B. Defendant C1) misunderstanding of facts: (a) the Defendant participated in the instant crime, resulting in only KRW 45 million; and (b) the amount that the Defendant received from the Defendant A and B due to the instant crime is nothing more than KRW 5 million. Nevertheless, the lower court erred by misapprehending the fact concerning the calculation of the amount of additional collection and thereby adversely affecting the conclusion of the judgment. (b) The sentence of imprisonment (eight months of imprisonment) sentenced by the lower court is too unreasonable.
C. Each sentence sentenced by the prosecutor by the court below against the Defendants is too unhued and unreasonable.
2. Determination
A. In a case where the Seoul Olympic Sports Promotion Foundation or a person, other than an entrusted business entity, issued sports betting tickets or similar things and provided property or property benefits to a person who correctly predicted the result (hereinafter “similar act”), the purpose of collecting additional money from the said criminal act is to deprive him of unlawful gains and prevent him/her from holding them. Thus, in a case where he/she gains profits from a similar act in partnership with several persons, only the amount distributed, i.e., the profit actually accrued, should be collected separately, and when it is impossible to determine the amount distributed, the amount distributed should be collected equally.
On the other hand, the expenses paid by an offender to obtain criminal proceeds in collecting criminal proceeds are not only a method of consuming criminal proceeds, but also a method of collecting criminal proceeds.