The judgment below

Among them, the part on collection of additional collection against Defendant A and the part on Defendant B shall be reversed.

Defendant

B. a fine.

1. The decision of the court below on the summary of the grounds of appeal (for defendant A, 10 months of imprisonment, confiscation, collection, and defendant B, 6 months of imprisonment, 6 months of suspended sentence, 2 years of suspended sentence, 160 hours of probation order, and 160 hours of community service order) is too unreasonable.

2. Article 44(2) of the Act on the Promotion of Game Industry for the Ex officio Determination of Additional Collection on Defendant A provides that “The game products owned or occupied by a person falling under the provisions of Article 44(1), the profits generated by such criminal acts, and the property derived from criminal proceeds shall be confiscated, and if it is impossible to confiscate them, the amount equivalent thereto shall be collected.” However, if there are parts already confiscated by an investigative agency among criminal proceeds, which are already confiscated by an investigative agency, they shall be deducted from the calculation of

According to the records, ① Defendant A stated that the annual average of 4.5 million won and earnings from the sales of the game of this case was 4.5 million won and that the business period was 100 days (Evidence records 7.41 pages), ② 6,334,00 won from the Defendant [i] 2,253,00 won in a carcter x 2,253,00 won [i.e., 100 won check x 50 million won x 130 thousand won x 138 x 1,00 won x 1,00 won x 300 won x 4,00 won x 500 won x 4,000 won x 500 won x 398 x 1,000 won x 100 x 4060 won which was acquired from the above Defendant, and thus, the court below ruled that the above amount was 6.300 won and 4000 won which was acquired from the above Defendant.

Nevertheless, the lower court calculated the amount to be collected from the Defendant as KRW 450,000,000,000.