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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and four months, Defendant B's imprisonment with prison labor of ten months, and Defendant C.
Reasons
1. Summary of grounds for appeal;
A. In fact, Defendant A (Defendant A) obtained sales of KRW 5 million per day due to the operation of the game of this case, but the lower court deemed daily sales of KRW 10 million and collected KRW 174,426,00 from the above Defendant. The lower court erred by misapprehending the fact concerning the calculation of the amount of additional collection and thereby adversely affecting the conclusion of the judgment.
B. The sentencing unfair (the Defendants) committed by the lower court (one year and six months of imprisonment; confiscation; additional collection of KRW 174,426,00; Defendant B: one year of imprisonment; and Defendant C: eight months of imprisonment) is too unreasonable.
2. Determination
A. The lower court stated that the following facts or circumstances found by the evidence duly admitted and investigated by Defendant A’s assertion of fact, namely, ① Defendant A operated the head of the instant game from August 2, 2017 to March 2, 2018; ② Defendant A, at the one-time newspaper of the police, stated that “it would result in an ordinary amount of KRW 200,000 per day to KRW 250,000 per day” (Evidence 142 pages); ② In the two-time newspapers of the police, the Defendant stated that “it would bring an average amount of KRW 10,000 per day to KRW 10,000 per day to KRW 30,000,000,000,000 per day to KRW 50,000,000 (Evidence 187,000,000,000,000 won to KRW 1,50,000).”