All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant B (unfair sentencing)’s punishment sentenced by the lower court to Defendant B (an amount of KRW 2 million) is too unreasonable.

B. Defendant C1) In fact, the Defendant did not operate the game of this case for 70 days, but did not exceed KRW 110,730,00,00, and was engaged in the business with the co-defendant A (hereinafter “A”) of the first instance trial, and thus, the Defendant should additionally collect the profits by making it possible to do so.

Nevertheless, the judgment of the court below ordering Defendant C to collect 110,730,000 won, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The punishment sentenced by the lower court to Defendant C (one year and six months of imprisonment, additional collection of KRW 110,730,000) is too unreasonable.

2. Determination

A. In a case where several persons jointly take advantage of profits from their speculative businesses, etc. as to the assertion of mistake of facts by Defendant C, only the amount distributed, i.e., the profit actually accrued, shall be confiscated or additionally collected, and when it is impossible to determine the allocated amount, the amount equally divided shall be confiscated or additionally collected.

In addition, in order to obtain criminal proceeds in the collection of additional criminal proceeds, the expenses paid by the offender have been disbursed from the criminal proceeds.

Even if it is merely a method of consuming criminal proceeds, it should not be deducted from criminal proceeds to be collected (see, e.g., Supreme Court Decision 2008Do1312, Jun. 26, 2008). In light of the aforementioned legal doctrine, the health team in light of the foregoing circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① Defendant C operated an entertainment room in full scale from March 12, 2015 to May 21, 2015, and operated an entertainment business for 71 days for 71 days from the date of enforcement of the evidence record (Evidence No. 1168, 1169 of the evidence record), “The average amount of KRW 1.5 million per day to KRW 1.5 million is increased (Evidence No. 1178 of the evidence record),” and “The average amount of KRW 2.5 million per day to KRW 1.78 of the evidence record).”