The judgment below

Among them, the part of additional collection against Defendant A shall be reversed.

Defendant

A 2.89,92,202 won.

1. Summary of grounds for appeal;

A. Although the Defendant alleged a misunderstanding of facts or misapprehension of legal principles as to the calculation of the surcharge (Defendant A) has acquired profits by opening and operating a private futures trading site as stated in the judgment of the court below, the Defendant agreed to pay 20% of the profits accrued from the purchase of a futures trading program from the operator of the program and the operation of the futures trading site to the OD, and thus, the Defendant’s profits paid to the OD cannot be deemed as the profits actually acquired by the Defendant.

Therefore, it is unlawful that the lower court erred by misapprehending the legal doctrine on the calculation of additional collection charges for grassland collected entirely from the Defendant including the above amount.

B. The assertion of misunderstanding of facts (Defendant K) was known by the instant website as a securities account lending site that lends the futures account, and was aware that it was a website that conducts virtual futures trading.

C. 1) The lower court’s sentence against the Defendants (Defendant A: imprisonment of two years and six months, additional collection of KRW 331,453,689, Defendant G: imprisonment of six months, suspension of execution, two years of social service, Defendant I and J: imprisonment of six months, suspension of execution, two years of social service, 80 hours of social service, and fine of KRW 20 million for Defendant K) is too unreasonable. 2) The lower court’s sentence against Defendant A by the Prosecutor is too unreasonable.

2. Determination

A. Determination as to Defendant A’s assertion on the penalty surcharge portion 1) The Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “Act”) on the Punishment of Criminal Proceeds Concealment on the property arising from gambling opening under Article 247 of the Criminal Act

(1) Article 2 subparag. 1 [Attachment] of [Attachment] and Articles 2 subparag. 1, 8 and 10 are subject to additional collection, and the above additional collection aims to deprive of unlawful profits and prevent them from holding them (see Supreme Court Decision 2007Do2451, Jun. 14, 2007; 2007Do2451, Jun. 14, 2007; 2007Do2451, Jun. 14, 2007).