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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In full view of the following facts: (a) No. 12 of the evidence No. 12 is Defendant B’s account book and the content does not prove the remainder of the Defendants’ profits; (b) it is unclear about the denial of the charge on money exchange profits; and (c) labor costs and management expenses are disbursed in a large amount, the amount of the additional collection recognized by the lower
B. The sentence imposed by the lower court on the Defendants (Defendant A: 2 years of probation; 120 hours of community service order; 12,132,50 won; 12,132,500 won; 2 years of probation in June of imprisonment; 120 hours of community service order; 120 hours of confiscation; 10,005,00 won; 2 years of probation in October of imprisonment; 120 hours of community service order; 12,132,50 won) is too unreasonable.
2. Determination
A. 1) As to the assertion regarding collection, whether the subject matter of confiscation or collection is subject to confiscation or collection, or the recognition of the amount of collection is not related to the elements of crime, and there is no need for strict proof, and it is also acknowledged by evidence (see Supreme Court Decision 2008Do1392, Jun. 26, 2008). 2) The following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below, i.e., (i) the Defendants received 10% of commission by exchanging the game coophone or game scores in cash, (ii) the Defendants received 10% of commission by exchanging the game coophone or game scores in cash, (iii) the total amount of money exchange was 27,60,000, and (iv) the Defendant B had the name stated in the transaction head in the investigative agency.
“(21 pages of the investigation record) Recognizing that the content of the transaction chapter is within the previous exchange of the instant crime, and whether the remaining Defendants also show the entry of the No. 12 of the No. 12 in the investigative agency and are in full interchange.
In full view of the fact that the Defendants stated to the effect that they are drinking water (163 pages, 191 page) the amount of KRW 27,600,000 recorded in the exchange account book was exchanged for 12 days in the course of operating the game room.