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The judgment below
Among them, the part of additional collection against Defendant A shall be reversed.
Defendant
A 30,881,190 won shall be collected.
Reasons
1. Summary of grounds for appeal;
A. In fact (Defendant A) even though the game users exchanged 4,5890,000 won to the game users, the lower court recognized the exchange amount as KRW 4,482,00,000, and calculated the surcharge, and thus, the amount of the surcharge is excessively calculated.
B. As to each sentence of the lower court’s unfair sentencing (Defendant A: imprisonment of one year, confiscation, additional collection, and fine of three million won) (the Defendant A), the Defendant asserted that the sentence against the Defendant B is too unreasonable because it was too unreasonable, while the prosecutor filed an appeal by asserting that the sentence against the Defendant B is too unfied and unfair.
2. Determination
A. According to the evidence duly adopted and examined by the lower court, the Defendant operated a game room for a total of 16 days from April 10, 2017 to April 25, 2017, and operated the game room for a total of KRW 4,836,00,000 for the same month, and the Defendant was in exchange for KRW 4,589,000 for the Defendant. As such, the amount of money exchanged by the Defendant was higher than the accounting books and investigation reports, the Defendant’s statement was higher, and there were parts on which the details of money exchange
In addition to the statement, in light of the fact that there was an additional entry or an additional entry to the above purport, it is reasonable to collect 30,881,190 won from the defendant, deducting 8,638,81,190 won, which was seized on April 25, 2017, by the defendant, during the crime period. The defendant can recognize the fact that he/she received 3,9520,00 won (=4,836,000 won - 4,5890 won) x 16 days).
Nevertheless, the lower court was to accept the Defendant’s assertion of mistake in fact, as it collected KRW 47,361,190 from the Defendant.
B. Sentencing 1) Defendant A committed a second crime during the period of repeated crime due to the same crime, as well as Defendant A committed a second crime during the period of repeated crime, and the total amount of sales and exchange per day exceeds KRW 50 million.