All appeals by the Defendants and the Prosecutor are dismissed.

Summary of Reasons for appeal

A. Defendant A 1) In fact, the actual profit gained by Defendant A as the instant crime shall be calculated by deducting the amount remitted from the additional collection charge of the lower judgment to the head office under the name of dividends, etc. to the winners of the prizes. Thus, the lower court erred by misapprehending the amount of additional collection.

2) The lower court’s sentence against Defendant A (a year and six months, confiscation, additional collection KRW 633,051,80,000, which was sentenced to imprisonment) is too unreasonable.

B. The sentence of the lower court against Defendant B (a prison term of 10 months, an additional collection of 30 million won) is too unreasonable.

(c)

Defendant

C The sentence of the lower court against Defendant C (ten months of imprisonment, two years of suspended execution, 8.6 million won of additional collection, 8.6 million won of protection, observation of social service, 160 hours of imprisonment) is too unreasonable.

(d)

Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

Defendant

The following circumstances acknowledged based on the judgment of the court below and the evidence duly adopted and examined at the court below as to the claim on A’s additional collection amount: (i) Defendant A received the revenue accrued from operating the instant similar sports soil site (hereinafter “instant site”) from the headquarters located in Thailand to the borrowed-name account designated by it (hereinafter “the instant borrowed-name account”); (ii) the above revenue is the amount excluding the site management expenses, etc. from the hosting gold deposited from the users of the instant site’s headquarters to the account used by the headquarters; (iii) Defendant A had the headquarters withdraw the said money to the Defendant C upon contact that it was deposited from the headquarters; and (iv) Defendant A collected the money in cash from the instant borrowed-name account by such method; and (v) Defendant A remitted money from the headquarters to the account used by the Defendant C’s headquarters if deemed necessary.