The judgment below

Among the parts on Defendant A and those on Defendant B, C, and D, each of them shall be reversed.

Defendant .

The criminal facts of this case are acknowledged to be misunderstanding the substance of the reasons for appeal, but the actual profits of the defendants are written, and the cash in the game machine and the calculation team of the game of this case are merely prepared for the operation of the game room, and even though they are not profits from the operation of the game of this case, the court below imposed an excessive collection charge (Defendant A: 160,000,000,77,600,000, Defendant C: 58,200,000, and Defendant D: 48,50,000,000) on the defendants, and confiscated the said cash. The court below erred in the misapprehension of facts as to the collection or confiscation, which affected the conclusion of the judgment.

The sentence that the court below sentenced the defendants (Defendant A: imprisonment with prison labor for a year and two months, Defendant B, and C: Imprisonment with prison labor for each of October and Defendant D with prison labor for a period of two years, etc., and Defendant D with prison labor for a period of two years, etc.) is too unreasonable.

Judgment

The Defendants’ assertion of mistake of facts is subject to confiscation and collection, and the recognition of additional collection amount, etc. are not related to the elements of crime, and therefore, it is not necessary to prove strict proof. However, if it is impossible to specify the criminal proceeds subject to confiscation, it shall be acknowledged by evidence. (See Supreme Court Decision 2008Do1392, Jun. 26, 2008). Meanwhile, the purpose of Article 44(1) of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) is to deprive the Defendants of unlawful profits and prevent them from holding the additional collection of profits generated from a criminal act violating Article 44(1) of the Act on the Promotion of Game Industry (hereinafter “Game Industry Act”). Thus, if several persons jointly obtain profits from the illegal game room business, only the distributed amount, namely, the profit actually accrued, should be collected separately (see Supreme Court Decision 2008Do1312, Jun. 26, 2008). 4(1) of the Act on the Promotion of Game Industry.