The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B and C shall be punished.

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal principles as to the collection amount, Defendant A’s entire sales amount of the game of this case stated by the investigative agency cannot be deemed as the profits acquired by the Defendants through the exchange. In addition to Defendant A’s statement, there is no evidence to prove the actual profits gained by the

Nevertheless, the court below calculated the amount of criminal proceeds from Defendant A’s act before the refund only based on Defendant A’s statement in the investigation agency, and ordered the Defendants to additionally collect KRW 120 million each. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the court below to the defendants (Defendant A: one year of imprisonment, two years of suspended execution, confiscation, additional collection of 120 million won, Defendant B, and C: each of the imprisonments, ten months of suspended execution, two years of suspended execution, and additional collection of 120 million won) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. Whether the relevant legal doctrine is subject to forfeiture or collection, or the recognition of the amount of collection, etc. is not related to the facts constituting a crime, and thus, it is not necessary to prove strict facts, but also necessary to be recognized by evidence. However, if it is impossible to specify the criminal proceeds subject to forfeiture or collection, it cannot be collected additionally.

Meanwhile, since the purpose of collection of profits arising from a criminal act violating Article 44(1) of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) is to deprive a person of unlawful profits and prevent him/her from possessing them, where several persons jointly obtain profits from the business of an illegal game room, only the amount of money distributed, i.e., the profit actually accrued, shall be collected, and the defendant who has no actual profits may not be collected as a penalty (see Supreme Court Decision 2014Do4708, Jul. 10, 2014, etc.).