All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that Defendant B is led to confession and reflect by Defendant B, the background leading up to Defendant B’s participation in the instant crime, Defendant B’s family support, and Defendant B’s failure to repeat a crime, etc., the lower court’s punishment (two years of imprisonment, confiscation, and collection) is too unreasonable.

B. Defendant D1) recognized that Defendant D only obtained approximately KRW 7.5 million through the operation of the instant J Game room and the O Game room, and there is no proof as to the excess portion, Defendant D’s additional collection against Defendant D is excessive. 2) In light of the fact that Defendant D led to confession and reflect, Defendant D’s participation period is short and the process of participation is relatively minor, and Defendant D’s health status is relatively minor, Defendant D’s punishment (one year of imprisonment, confiscation, and additional collection) is too unreasonable.

C. In light of the fact that Defendant E confessions and reflects Defendant E, the family members of Defendant E are able to take the lead of Defendant E and appeal for the preference, the fact that Defendant E does not have the same criminal power, the period of crime is difficult to be considered as a long-term period, and the degree of participation is relatively minor, etc., the lower court’s punishment (two months of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. Whether a judgment on the claim for calculation of the amount of additional collection by Defendant D is subject to confiscation or collection, recognition of the amount of additional collection, etc. does not relate to the constituent facts of crime, and thus requires strict proof.

(See Supreme Court Decision 91Do346 delivered on June 22, 1993, etc.). According to the evidence duly adopted and examined by the court below in light of the above legal principles, the court below calculated the minimum daily profit per day based on the analysis of the books on the J Games and OGames, the statements of related persons, and the size of the game room, and calculated the minimum daily profit per day in favor of Defendant D as much as possible.