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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. According to the records on Defendant C’s appeal, the Defendant was served with a notice of receipt of the records of trial and a notice of appointment of a state appointed defense counsel on April 17, 2013, but failed to submit the statement of grounds for appeal within 20 days, which is the lawful period for submitting the statement of grounds for appeal, and the petition of appeal does not contain any indication of the grounds for appeal,
2. Determination on the appeal by Defendant A, B, and Prosecutor
가. 항소이유의 요지 ⑴ 위 피고인들 ㈎ 피고인 A의 추징 부분에 관한 사실오인 내지 법리오해 주장 피고인 A은 이 사건 도박개장 등 범행으로 취득한 이익 207,439,730원 중 상당 부분을 피고인 B에게 배분하였고 위 이익 전부를 취득하지 않았다.
Therefore, from the additional collection amount for Defendant A, the amount of money and valuables allocated to Defendant B should be deducted, or 1/2 of the above profits should be equally collected from Defendant A and B.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby additionally collecting all of KRW 207,439,730 from Defendant A.
㈏ 피고인 A, B의 양형부당 주장 이 사건 여러 양형조건에 비추어, 위 피고인들에 대한 원심의 형(피고인 A: 징역 1년 2월, 몰수 등, 피고인 B: 징역 1년)은 각 너무 무거워서 부당하다.
The sentence of the lower court against the Defendant A and C (as seen earlier, 10 months of imprisonment, 2 years of suspended execution, 160 hours of community service) is too unfluent and unreasonable.
B. (i) The judgment of Defendant A on the assertion of mistake of facts or misapprehension of legal principles as to the assertion of mistake of facts or misapprehension of legal principles as shown in the separate sheet of withdrawal, and after withdrawing KRW 58,401,40 from the K and J account through AB, it shall be delivered in cash to Defendant B through the K and the J account, and the sum of KRW 23,880,000 ( KRW 11,230,500,000, KRW 8,150,000) from the account of Defendant B and the above Defendant’s female job-friendly AB shall be transferred, and K and J shall be transferred from the account of Defendant B and AB.