The judgment below

Among them, the part of collection against Defendant A shall be reversed.

Defendant

A 830 million won shall be collected from A.

1. Summary of grounds for appeal;

A. Defendant A1) In light of the misunderstanding of facts as to the calculation of the surcharge and the degree of charge by which the Defendant committed the crime of this case, the period of the crime, and the scale of the crime, etc., the actual profit gained by the Defendant is KRW 230 million from the Defendant, but the lower court additionally collected KRW 1.61 million from the Defendant. The lower court erred by misapprehending the legal principles as to the collection of criminal proceeds, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s imprisonment with prison labor ( KRW 3 years, confiscation and additional collection KRW 1.61 million) is too unreasonable.

B. Defendant B’s imprisonment (one year of imprisonment, confiscation, and collection KRW 27 million) is too unreasonable.

2. Determination as to Defendant A’s assertion of additional collection

A. Article 47 Subparag. 2 of the National Sports Promotion Act provides that property acquired by a person subject to punishment pursuant to similar acts shall be subject to additional collection pursuant to Article 51(1) and (3) of the National Sports Promotion Act, and the above additional collection aims to deprive him of unlawful profits and prevent him/her from holding it. Thus, in cases where he/she gains profits by jointly similar acts, the amount of money distributed, i.e., the profit actually accrued, should be collected individually.

Therefore, if there is money exchanged to the gambling site users, the profit from the crime is the remaining amount after deducting the amount of money exchanged to the site users from the sales amount, and if the principal offender can be deemed to have paid a certain amount to the accomplice as part of the distribution of criminal proceeds, the above amount received from the principal offender can be collected from the accomplice, and it cannot be collected from the principal offender.

However, in order to obtain criminal proceeds, the cost spent by the offender was paid from the criminal proceeds.

Even though it is only a method of consuming criminal proceeds, it is nothing more than a method of consuming criminal proceeds.