Defendant

A In the imprisonment of three and a half years, Defendant B shall be punished by imprisonment of four years, and Defendant C.

A. The Defendants (1) each sentence of the lower court (the Defendant A and the additional collection of KRW 784,584,540, Defendant B and C: Imprisonment of two years and the additional collection of KRW 261,528,180) are too unreasonable.

(2) Since the misunderstanding of facts or misunderstanding of legal principles as to the collection portion, it is difficult to find out the revenue actually distributed to Defendant A, the total amount of revenue shall be collected equally from the Defendants.

(B) The criminal proceeds of this case are criminal proceeds generated from criminal acts in violation of the Game Industry Promotion Act and the damage property of fraud at the same time, and should be excluded from the subject of collection.

(C) The profits that Defendant C received by Defendant C are only KRW 30,000,000.

B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

2. Determination

A. As to the assertion on unfair sentencing, there is no history of punishment against Defendant A for the same kind of crime, there is no history of punishment heavier than a fine to Defendant B and C, Defendant A has agreed with some victims (the total amount of damages), Defendant C voluntarily surrenders, etc. favorable to the Defendants, such as the circumstances that the operation of the online game site is more favorable to the Defendants, the operation of the online game site is promoting an excessive speculative spirit and impairing sound labor awareness, and there is a need to punish the Defendants. Joint crimes committed by the Defendants by deceiving the amount exceeding KRW 1,30,000 while operating the online game site through deception for about nine months. In particular, the nature of the crime is very serious. In full view of the records, Defendant A and C also proposed the operation of the online game site prior to the above crime, Defendant B operated the online game site prior to the crime, Defendant C’s age, family character and behavior, circumstances before and after the crime, and all other circumstances revealed in the records.