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The judgment below
The part of the additional collection against the Defendants is reversed.
62,776,00 won from each of the Defendants.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the Defendants (one year and four months of imprisonment, additional collection 66.5 million won) is too unreasonable.
2. Determination
A. Determination 1 on the calculation of the amount of additional collection) The court below collected 66.5 million won from the Defendants on the criminal proceeds of this case. (2) The purpose of the collection of additional collection is to deprive the game users of unlawful profits and prevent them from holding them. Thus, in case where several persons jointly engage in the illegal game room business, only the amount of money distributed, i.e., the amount of profit actually accrued, shall be collected additionally (see Supreme Court Decision 2008Do1312, Jun. 26, 2008). In case where there is money exchanged to the game users, the amount of profit generated from the crime is the remaining amount after deducting the amount of money exchanged to the game users from the sales amount.
(3) According to the evidence duly adopted and examined by the lower court, the “F Game Center” (hereinafter “instant Game Center”) from February 22, 2019 to July 12, 2019 by the Defendants from February 22, 2019.
(2) The game of this case’s sales revenue generated from the game of this case’s game room’s game room’s game room’s game room’s game machine’s game machine’s game machine’s game room’s game room’s game machine’s game room’s game room’s game machine’s game room’s game machine’s game room’s money sales amounting to KRW 1 million per day, which was deposited into the agricultural cooperative’s account under the Defendant A’s name. ④ The bareboat exchange was kept with cash KRW 3 million to KRW 7 million’, but most of them were used for exchange, etc. to the game users. ⑤ The fact that the game of this case’s game room’s game machine’s game machine’s game machine’s 7,448,000 won was seized under the charge of the crime of this case’s crime (Evidence 7 through 12 of this case’s certificate).