The judgment below

Among them, the part on additional collection against Defendant A and Defendant B shall be reversed.

Defendant

A and Defendant B, respectively.

1. Summary of grounds for appeal;

A. Defendant B (1) The evidence submitted by the Prosecutor with the misunderstanding of the facts and the misapprehension of the legal doctrine alone is insufficient to specify the criminal proceeds of the Defendant due to the instant crime, but the court below ordered the collection of additional charges, which is erroneous in the misapprehension of legal principles

2) The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspended sentence of two years, the community service order of 80 hours, the additional collection of KRW 53,03,00) is too unreasonable.

B. The lower court’s each sentence (Defendant A: imprisonment of one year, two years of suspended sentence, two years of probation observation, community service order 120 hours, confiscation, additional collection of 53,03,00 won, Defendant B: imprisonment of eight months, suspension of execution of sentence of eight years, additional collection of 80 hours, additional collection of 53,037,00 won, Defendant C: fine of 5,000,000 won, and confiscation of 5,00,000 won) that the lower court sentenced the Defendants are too uneasible.

2. Determination

A. The lower court determined that Defendant B should collect KRW 53,037,00 [ [2,00,000 per month for expenses incurred in the operation of the game of this case, including monthly net profit of KRW 5,000,000, and electric rent of KRW 2,000 per month for expenses incurred in the operation of the game of this case]] x 12 months during the business period (from March 16, 2016 to April 3, 2017) - cash of KRW 1,925,00 that was seized as of April 3, 2017 ± 2,000].

① At the investigative agency and the court of the court below, Defendant B used the game machine in purchasing the game machine by investing the amount of KRW 17,000,000 at the beginning of the game room business of this case.

The defendant A stated that the monthly average of 5,000,000 won was generated after deducting the rent, electricity rent, etc. and the salary paid to the defendant C, who is an employee, paid for the operation of the above game hall during the business period, and the monthly average of 5,00,000 won was divided into the defendant B and 2,50,000 won.

was stated.

In full view of these circumstances, Defendant A is subject to criminal review.