The judgment below

Among them, the part against Defendant A shall be reversed, and this part of the case shall be brought to the Panel Division of the Cheongju District Court.

1. Determination as to Defendant A’s grounds of appeal (1) Whether a person is subject to confiscation or collection, or recognition of collection amount, etc., are not related to the facts constituting the elements of crime, and thus, it is not necessary to prove strict evidence, but also recognized by evidence is inevitable. If it is impossible to specify criminal proceeds subject to confiscation or collection, it shall not be additionally collected.

(2) In light of the purpose of Article 44(1) of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) and Article 44(1) of the same Act, where multiple persons jointly obtain profits from the business of an illegal game room, only the amount of money distributed, i.e., the amount of profit actually accrued, shall be additionally collected (see Supreme Court Decision 2008Do1312, Jun. 26, 2008). Meanwhile, where a person jointly obtains profits from the business of an illegal game room, only the amount of money distributed, i.e., the amount of profit actually accrued, shall be additionally collected (see Supreme Court Decision 2008Do1392, Jun. 26, 2008).

(See Supreme Court Decision 2007Do6019 Decided October 12, 2007). In the event that money is exchanged to game users, profits from the crime is the remaining amount after deducting the amount equivalent to the money exchanged to the game users from the sales amount.

(2) The lower court (see Supreme Court Decision 2012Do7843, Sept. 27, 2012). (2) The lower court acknowledged that Defendant A operated the “U Game Site” in the Cheongbuk-gun T from Jul. 2, 2013 to Oct. 2, 2013; provided that customers are in the shape of a man-made game screen, if they are in the shape of a man-made game, he/she gives an item card in the shape of 1, 20 if he/she is in the shape of a man-made game, 50 won per item, and 50 won per item card in the face of the customer, and 4,500 won per 4,50 won per item, and had the customer perform gambling and other speculative act using the game product, or left it, during the period of suspension of business of the Defendant A during the first instance court, on the basis of criminal facts committed by the Defendant A during the period of suspension of business.