The judgment below

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

Defendant

A 2,359,166 won shall be additionally collected.

Summary of Grounds for Appeal

A. In so doing, the lower court erred by misapprehending the legal doctrine as to additional collection, such as making excessive calculation of additional collection charges, as it calculated an additional collection charge without considering that the actual operator operating of the instant illegal game room (Defendant A) is L and the profits arising from the business of the illegal game room were distributed to the joint operator including L.

B. Each sentence (Defendant A: imprisonment with prison labor for 10 months, confiscation and collection, Defendant B: imprisonment with prison labor for 8 months) sentenced by the court below to the Defendants is too unreasonable.

Judgment

A. As to Defendant A’s assertion of misapprehension of the legal doctrine, profits from the operation of an illegal game room shall be confiscated as necessary pursuant to Article 44(2) of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”). If confiscation is impossible, the equivalent value shall be collected.

In the meantime, where several persons jointly obtain profits from a crime under any subparagraph of Article 44 (1) of the Game Industry Act, only the amount distributed, i.e., the profit actually accrued, shall be confiscated or collected, and where it is impossible to determine the distributed amount, the amount equally divided shall be confiscated or collected.

(2) In light of the aforementioned legal principles, the following facts are revealed: (a) the game room is operated by each game proprietor; (b) the game proprietor of each game of this case was jointly engaged in the operation of each game of this case with the Defendant and L; (c) the profits of each game of this case from October 16, 2014 to October 23, 2014; and (d) the average profits from each game of this case from November 20, 2014 to April 22, 2014 to April 30, 2014 to around seven (5) the average profits from each game of this case from November 20, 2014 to April 22, 2014 to April 5, 2014 [the average profits from each game of this case from October 16, 2014 to October 23, 2014 to around KRW 50,000, respectively.