The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A Imprisonment with prison labor for ten months and for one year.

1. Summary of grounds for appeal;

A. As to the part of Defendant A and B’s joint crime of Defendant A and B’s crime of misunderstanding the facts as to the sales proceeds of private horse tickets (1) as indicated in the judgment of the court below, among the 99,980,000,000 won decided by the court below as the sales proceeds of private horse tickets paid by the members participating in the private horse racing, ① KRW 7,64,000,000 won out of the money deposited in the new bank account in the name of M, ② KRW 2.6 million out of the money deposited in the new bank account in the name of K, ③ KRW 5 million out of the money deposited in the agricultural bank account in the name of K, and KRW 2.6 million from the money deposited into the agricultural bank account in the name of AG’s name, is merely the money deposited as operational necessity from the name of the Defendants or the Defendants, and it should not be included in the sales proceeds received from the members participating in the private horse racing, but all of them were paid by the Defendants as sales proceeds of private horse tickets.

The judgment of the court below which affected the conclusion of the judgment by misunderstanding the facts.

(2) As to the facts constituting the crime No. 1 of the lower judgment as indicated in the lower judgment’s determination, the Defendants received a certain amount of money from each of the members participating in the operation of a private horse with the account opened in the name of AG from January 2015 to June 2015, when operating a private horse with the account opened in the name of AG and selling private horse tickets to the participating members. As to this, the lower court: (a) obtained a profit of KRW 11,6370,000 for Defendant A; and (b) obtained a profit of KRW 13847,00 for Defendant B.

This was determined and collected.

However, among the above profits of Defendant A, KRW 13.1 million among the above profits of Defendant B and KRW 57 million among the above profits of Defendant B are transferred to the deposit account in the private right plate again for distribution due to the lack of the amount to be distributed to the members. Therefore, the Defendants’ profits should be deducted.

Nevertheless, the judgment of the court below that collected the total amount of the profits distributed by the defendants from the defendants is erroneous and the judgment of the court below affected the conclusion of the judgment.

B. Defendant A (1) facts constituting the crime as indicated in the judgment below. 2. A.