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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (unfair punishment)’s punishment sentenced by the lower court against the Defendant (two years of imprisonment and additional collection of KRW 458,629,115) is too unreasonable.
B. The lower court calculated the amount of KRW 458,629,115, which the Defendant and the Defendant A acquired from the establishment of the gambling space in this case, as an additional collection charge against the Defendant. However, the criminal proceeds derived by the Defendant are not equivalent to KRW 150,00,000,000, and a certain portion of the proceeds derived from the Defendant’s crime of opening the gambling space in this case was paid to L. The checks and cash amounting to KRW 42,823,00,00, which were seized by the Defendant. As such, the amount paid to L, the checks confiscated, and cash amount equivalent to the above amount should be excluded from the additional collection charge. 2) The imprisonment (two years, confiscation and additional collection, KRW 458,629,115) declared by the lower court against the Defendant is too unreasonable.
C. Defendant D (unfair punishment)’s punishment sentenced by the lower court against the Defendant (4 months of imprisonment and 2 years of suspended sentence) is too unreasonable.
Defendant
E1) Since the Defendant is a victim of a mistake of mistake of facts is a victim of a fraud, no crime of gambling is established against the Defendant. 2) The punishment imposed by the lower court on the Defendant (a fine of five million won and confiscation) is too unreasonable.
2. The following circumstances acknowledged by the lower court’s judgment as to Defendant B’s assertion of misapprehension of the legal doctrine and the evidence duly admitted and investigated by the court below, namely, ① Defendant A and B sent the instant gambling site from L who operated the instant gambling site, and Defendant B provided the I Office, which is a transportation company it operated, as gambling, as a gambling house, and Defendant A installed a computer and receipt issuing machine at the above office, and Defendant A operated the instant gambling site after employing the employees.