[Defendant A] The part of the lower judgment against Defendant A is reversed.

Defendant

A Fines 25,000,000 won.

1. Summary of grounds for appeal;

A. Although the amount actually acquired by the Defendants from the instant crime falls short of KRW 77,478,130, the lower court’s collection of KRW 77,478,130 from the Defendants is unreasonable.

B. The sentence imposed by the court below on Defendant A (Defendant A) is too unlimited and unfair.

2. Determination

A. A. The judgment on the assertion of mistake of facts (1) related legal principles (hereinafter referred to as the "defendants") is that property arising from the establishment of gambling space under Article 247 of the Criminal Act is subject to the collection under [Attachment Table] subparagraph 1 (g), Article 8, and Article 10 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter referred to as the "Regulation of Criminal Proceeds Concealment"), and the above collection is aimed at depriving of unlawful profits and preventing them from holding it. Thus, in case where there are several persons from jointly opening gambling space and gaining profits, only the amount distributed, i.e., the profit actually accrued, shall be individually confiscated and collected, and if it is impossible to determine the distributed amount, the amount divided shall be confiscated and collected equally.

In addition, in order to obtain criminal proceeds in collecting criminal proceeds, even if it was disbursed from criminal proceeds, it is not a method of consuming criminal proceeds and it is not a deduction from criminal proceeds to be collected.

(2) The records of this case are bound from 76 to 946 pages, and the records are bound again to be recorded from 200 to 466 pages, and the part of the records of this case from 946 pages is "the front part of the evidence records" and the part of the above 200 pages of the evidence records is "the front part of the evidence records".