The respective portions of collection against Defendant G, H and J shall be reversed.

Defendant

G KRW 36,930,000,

A. The sentence imposed by Defendant A (a year and six months of imprisonment, confiscation) by the lower court is too unreasonable.

B. Since the prosecutor’s Defendant G, H, and J received each transfer from the principal offender on May 26, 2017 after the police investigation of this case, the part corresponding to the settlement amount should be additionally collected in addition, since the part exceeding monthly salary (Defendant G G 7.93 million won, Defendant H3840, and Defendant J 6.470,000 won) exceeds monthly salary.

Each sentence sentenced by the court below to Defendant G, H, I, and J (two years of suspended sentence for each of ten-month imprisonment, one hundred and sixty hours of community service work) is too uneased and unreasonable.

2. Determination

A. Determination as to the prosecutor’s assertion on the additional collection of Defendant G, H and J. 1) The purpose of collecting additional collection under Article 51(3) of the National Sports Promotion Act is to deprive the public of unlawful benefits arising from the act in order to eradicate similar acts in violation of Article 47 subparag. 2 of the same Act, and prevent the public from possessing them. Thus, in a case where multiple persons jointly benefit from a similar act, only the amount distributed, i.e., the profit actually accrued, should be collected additionally.

On the other hand, in order to obtain criminal proceeds in collecting criminal proceeds, the expenses paid by the offender have been disbursed from criminal proceeds.

Even if it is merely a method of consuming criminal proceeds, it does not mean that it should be deducted from criminal proceeds to be collected (see, e.g., Supreme Court Decisions 2008Do1312, Jun. 26, 2008; 2015Do3351, Jul. 23, 2015). According to the judgment of the court below and the evidence duly adopted and examined by the court below and the court below, R, as a result of the evidence duly adopted and examined, performs the overall control over the operation and management of the “S, T, U’s website,” which is an illegal private sports soil site where a server is located near the city and Taiwan (S, T, and U), Defendant G, H, and J, by sharing their roles to promote the above gambling site, and Defendant G, on April 23, 2016.