The judgment of the court below is reversed.

Defendant

A and B shall be punished by imprisonment for two years, and by imprisonment for one year, respectively.

(b).

1. Summary of grounds for appeal;

A. The proceeds from the crime against Defendant A and B1 are excessively appropriated without any ground, and the expenses not actually accrued to the Defendant are not deducted. The operation of the “AB” site as stated in the facts charged by Defendant B should be calculated only from July 17, 2015 to April 14, 2016. However, the lower court calculated the total amount of proceeds from July 1, 2015 to March 13, 2016 as KRW 414,692,371. Meanwhile, inasmuch as the amount of proceeds from the crime was confiscated from Defendant A and B, it is not impossible to confiscate the above amount. Accordingly, the lower court erred by misapprehending the legal principles, which affected the conclusion of the judgment, or by misapprehending the legal principles, which affected the conclusion of the judgment. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal principles as to unjust punishment (a.g., imprisonment with prison labor for Defendants A and B, KRW 209, KRW 309, KRW 3089, KRW 289, KRW 2094.

B. The lower court’s sentence against the Defendants on the prosecutor (Defendant A and B: each of the above. Defendant C: imprisonment with prison labor for one year, two years of suspended execution, two years of community service, two hundred hours of confiscation, and confiscation) is too uneasy and unreasonable.

2. Judgment on the misconception of facts and misapprehension of legal principles by Defendant A and B

A. Article 51(1) of the National Sports Promotion Act on the part of Defendant A provides that property acquired by a person punished pursuant to Article 47 Subparag. 2 of the same Act through similar acts, such as instruments, devices, etc. owned or possessed by him/her for similar acts, shall be confiscated. Article 51(3) of the same Act provides that where it is impossible to confiscate the goods and property, or where he/she has acquired pecuniary benefits, the equivalent value thereof shall be collected. Thus, in cases where such property and property are confiscated from the offender, the equivalent value thereof shall not be collected.