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The judgment of the court below is reversed.
Defendant
A In the imprisonment of two years and four months, Defendant B shall be sentenced to imprisonment of one year and four months, Defendant C, D, and E.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding the legal principles on Defendant A (1) additional collection: (a) Defendant A received only KRW 3.5 million per month operating expenses due to the operation of the “N” site; and (b) the remainder of the profits accrued to X that provided the personal information of the members of the aforementioned site; (c) Defendant A actually acquired profits from June 2016 to September 2017 regarding the operation of the “N” site (i.e., KRW 56 million per month x 16 months).
② From November 2016 to April 2017, Defendant A integrated management of “P” and “O” sites, Defendant A calculated the profits of “P” and “O” sites in a lump sum, and entered them in duplicate as the profits of each site.
Therefore, since the proceeds of the P and the "O" site overlap during the above period of the crime circulation table attached to the court below, this part of the proceeds should be excluded from the calculation of the additional collection charge.
(2) The sentence of the lower court’s unfair sentencing (two years and six months of imprisonment, confiscation, additional collection of KRW 679,940,325) is too unreasonable.
B. Defendant B, based on the past experience in engaging in the business of the illegal sports soil site, Defendant B notified Defendant A of publicity of the illegal sports soil site and membership recruitment methods, and Defendant B received KRW 5-100,000,000 per day, instead of 3-4 times a month and 5-100,000,000 per day for each month when the employees worked in Defendant A’s officetels.
In light of the degree of participation, Defendant B’s act is nothing more than aiding and abetting. (2) The lower court’s punishment (one year and four months of imprisonment, confiscation, and collection KRW 2.50,000) is too unreasonable.
(c)
Defendant
C, D, E, F, and G (unfair sentencing) The sentence of the lower court (defendant C: Imprisonment with prison labor for one year, confiscation, additional collection of ten thousand won, and Defendant D: imprisonment for one year, two years of suspension of execution, community service, 120 hours, confiscation, additional collection of 1.2 million won, Defendant E: imprisonment for one year, two years of suspension of execution, two years of community service, confiscation, additional collection of 3 million won, and Defendant F: imprisonment for 8 months, two years of suspension of execution, 120 hours of community service, additional collection of 12 million won, and Defendant G: