Defendant

All appeals filed by the Defendants A and B and by the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant A and B (unfair sentencing: Imprisonment with prison labor for 1 year and imprisonment for 1 year for Defendant B) are too unreasonable.

B. The prosecutor (misunderstanding of the legal principles and improper sentencing) 1) misunderstanding of the legal principles (with regard to the calculation of additional collection charges), although Defendant C may recognize the entire amount deposited in the account used in managing the profits of the game of this case as proceeds from criminal acts, the court below did not order the Defendants to collect additional collection on the ground that the possibility of including profits from the operation of the game of this case can not be ruled out among the money deposited in the above account. The court below erred by misapprehending the legal principles on additional collection.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment for Defendant A, one year of imprisonment for Defendant B, ten months of imprisonment for Defendant C, two years of suspended execution, two years of probation observation, community service work hours) is deemed to be too uneasy and unfair.

2. Determination

A. Determination on the Prosecutor’s argument of misunderstanding the legal principles (based on the calculation of a surcharge) 1) whether the subject matter of confiscation or collection is subject to confiscation or collection, or recognition of the amount of collection, etc., are not related to the elements of crime, and thus strict proof is not necessary. However, it is also acknowledged through evidence. If it is impossible to specify criminal proceeds subject to confiscation or collection, it shall not be collected (see, e.g., Supreme Court Decisions 2005Do9858, Apr. 7, 2006; 2007Do2451, Jun. 14, 2007). In cases of money exchanged to game users, the proceeds from the crime are remaining after deducting the amount of money exchanged to the game users from the sales amount (see, e.g., Supreme Court Decisions 2012Do7843, Sept. 27, 2012; 2014Do4708, Jul. 10, 2014).