The judgment of the court below is reversed.

[Defendant A] The defendant shall be punished by imprisonment for one year.

The District Prosecutors' Office that was seized in 2019.

1. Summary of grounds for appeal;

A. A. A prosecutor 1) Although the Defendants’ benefits acquired by mistake of facts from the crime of this case’s money exchange business should be additionally collected, the judgment of the court below which did not regard the criminal proceeds as not specified is erroneous in the misapprehension of the legal principle that affected the conclusion of the judgment by misunderstanding the facts. 2) Each sentence of unfair sentencing (one year of imprisonment, six months of imprisonment, suspension of execution, two years of suspended execution, and three million won of fine) of the court below is too weak.

B. Defendant A’s punishment is too heavy.

2. Judgment on the assertion of mistake of facts regarding collection

A. The judgment of the court below is reasonable to view that the crime committed against the Defendants was not the operation of the illegal game room, but the result of the game was exchanged. Thus, it is reasonable to view that the criminal proceeds actually acquired by the Defendants through the crime of each of the instant money exchange businesses are only the amount obtained by using the result of the game. Since the game room profits stated by the Defendants include not only the above money exchange profits but also the profits (such as profits from the operation of the game machine which is not through the money exchange) obtained by the defendants through normal business, the defendants did not order the defendants to additionally collect the criminal proceeds from the crime of the instant money exchange business,

B. Article 44(2) of the Game Industry Promotion Act provides that, in violation of Article 32(1)7 of the same Act, tangible and intangible results acquired through the use of game products (such as score, game products owned or occupied by the person who exchanged the score, etc., and property derived from criminal proceeds should be confiscated or collected additionally, and whether or not it is subject to confiscation or collection or whether it is subject to confiscation or collection or the amount of collection is not related to the facts constituting the elements of crime, and thus, it is not necessary to prove it with strict evidence, but it is also subject to recognition based on evidence.