The judgment below

Among the Defendants, the portion of additional collection against the Defendants is reversed, and that part of the case is remanded to the Gwangju District Court.

The grounds of appeal are examined.

1. Property acquired by a person subject to punishment under Article 47 subparagraph 2 of the National Sports Promotion Act through similar acts shall be subject to collection under Article 51 (1) and (3) of the National Sports Promotion Act, and the above collection aims to deprive him/her of unlawful profits and prevent him/her from holding it. Thus, in cases where he/she gains profits through similar acts in common, the amount of money distributed, i.e., the profit actually accrued shall be collected separately.

Meanwhile, inasmuch as the cost spent by an offender to obtain criminal proceeds was merely a method of consuming criminal proceeds, even if it was spent from criminal proceeds, it shall not be deducted from criminal proceeds to be collected (see, e.g., Supreme Court Decisions 2008Do1312, Jun. 26, 2008; 2015Do3351, Jul. 23, 2015). Therefore, in cases where the principal offender who committed similar acts under the National Sports Promotion Act pays wages to an employee who is an accomplice, if it can be deemed that such benefits were paid as part of distributing criminal proceeds, the amount equivalent to the benefits that he/she received from the principal offender may be collected from an employee who is the accomplice pursuant to Article 51(1) and (3) of the National Sports Promotion Act, but if the principal offender merely pays the benefits to an employee who is the accomplice to obtain criminal proceeds as part of paying the expenses, collection under the said provision cannot be permitted.

2. Of the facts charged in the instant case, the summary of the fact that the Defendants established a place for gambling and gambling in violation of the National Sports Promotion Act (such as opening, etc. of gambling) is as follows: “Before the Defendants conspired to operate a sports gambling site with D, G, C, etc., including the names and influences, and to operate a sports gambling site [F]; B, from May 13, 2016 to June 1, 2017, deposited KRW 3,693,324,463 in the course of providing membership recruitment and public relations services; and B, the Defendants were paid KRW 3,693,324,463 in the course of performing sports activities, such as a stable, camping, deaf-gu, and air exhaust.