The part of the judgment of the court below against Defendant A and C shall be reversed.

Defendant

A Imprisonment for one year, and Defendant C shall be punished.

1. Summary of grounds for appeal;

A. Defendant A1) The sentence imposed by the lower court of unfair sentencing (one year of imprisonment, etc.) is too unreasonable and unfair.2) There is no evidence to deem that the Defendant made a profit of KRW 71,400,000 by mistake of facts and misapprehension of legal principles (additional collection).

The defendant's profit is KRW 300,000 to KRW 500,000 per day, and the actual number of business days does not exceed 30 days, so the defendant's profit is only KRW 9 million to KRW 15 million.

B. Defendant B and C’s sentence (Defendant B: imprisonment with prison labor for six months, with prison labor for two years, with prison labor for six months, and Defendant C: imprisonment with prison labor for six months) is too unreasonable.

2. Determination

A. Defendant A1) Whether it is subject to confiscation or collection, or recognition of the amount of collection, etc., as to the assertion of mistake of facts and misapprehension of legal principles as to collection, are not related to the elements of crime, and it is not necessary to prove it by evidence. However, if it is money exchanged to game users, the proceeds from the crime is the remaining amount after deducting the amount of money exchanged to the game users from the sales (see Supreme Court Decision 2014Do4708, Jul. 10, 2014; Supreme Court Decision 2014Do4708, Jul. 10, 2014; Supreme Court Decision 200-7 million won on a day when the court below found the money recovered from the game machine; Defendant A stated at the police station the following facts and circumstances that can be recognized by the evidence duly admitted by the court below; Defendant A returned KRW 5 million to money exchanged for exchange after the completion of the business; Defendant C’s actual sales from the game machine sales to the extent of 3050,000 won.