The judgment below

Part concerning Defendant A and B shall be reversed, respectively.

Defendant

A. A. Fines 5,00,000, Defendant B.

1. The summary of the grounds for appeal (1) is inappropriate because the sentence imposed by the court below on the Defendants (a fine of KRW 5 million, Defendant B: imprisonment of KRW 8 months, suspension of execution of sentence of imprisonment of KRW 2 years, community service hours of KRW 80,336,00, Defendant C: imprisonment of KRW 6 months, suspension of execution of sentence of KRW 2 years, community service hours of KRW 80 hours) is too uneased.

(2) The Defendants got illegal profits due to each of the instant crimes, and the Defendants received money in the betting amount as necessary additional collection under Article 56 of the Marina Industry Act, but the conclusion of the lower court that did not impose additional collection on the remaining Defendants other than Defendant B by determining that it is difficult to specify the gains actually acquired through each of the instant crimes, is unfair, and thus, the Defendants should be sentenced to additional collection as prescribed by the judgment below.

2. Determination

A. (1) Article 56 of the Korean Racing Association Act provides that the property referred to in Articles 50, 53 through 55 and subparagraph 3 of Article 59 shall be confiscated: Provided, That where it is impossible to confiscate any property or acquiring any pecuniary benefit, the equivalent value thereof shall be collected) shall be additionally confiscated for the property and pecuniary benefit acquired by any similar horse, and Article 2 subparagraph 2 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “Criminal Proceeds Act”).

The title provides that "property generated by a criminal act that constitutes a serious crime or any property acquired as a result of the commission of such criminal act" shall be deemed as constituting criminal proceeds. Article 22 of the Criminal Proceeds Act provides that "crimes under Articles 50, 51, 53, 54, 58, and 60 of the Korean Racing Association Act" shall be deemed as serious crimes, and Article 10 (1) of the Criminal Proceeds Act provides that where it is impossible to confiscate criminal proceeds pursuant to Article 8 (1), the equivalent value may be collected.

In other words, it is a violation of Article 50 of the Korean Racing Association Act.