The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and two months.

evidence of seizure.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (as to Defendant A’s surcharge) ① Although no objective material remains, Defendant A’s written counsel’s written opinion from March 2015 to April 18, 2017, “from March 2014,” which was written from March 14, 2015, is obvious that “from March 2015,” is a clerical error in “from March 2015.”

From May of the same year, it can be sufficiently presumed that the game operator, who is an accomplice, paid the sum of KRW 160,200,000 (i.e., KRW 150,000,000,000,000,0000,000) as rent and management expenses for server servers (i.e., KRW 160,02,000). As such, the above KRW 160,20,000 should be excluded from the additional collection charges, and ② the sum paid to the game operator and the game operator as the user fee for the presidential passbook from June 2, 2015 to December 2, 2015 should be excluded from the additional collection charges.

B. The sentence that the court below sentenced the defendants (defendant A: imprisonment of one and half years, confiscation, collection, defendant B, C, and D: imprisonment of one year and half months, and one year and six months, confiscation, collection, each of the above sentence, two years of suspended execution, and community service) is too unreasonable.

2. Determination

A. First of all, Defendant A’s assertion of mistake as to the above assertion: (a) Defendant A’s payment of KRW 160,200,000 in total under the name of the rent and the management fee for the server from March 2015 to May 201; (b) Defendant A paid KRW 160,020,000 (i.e., the rental fee of KRW 150,000,000,000,000) to Defendant A was merely an presumption of Defendant A; (c) there was no objective evidence corresponding thereto; and (d) Defendant A paid the above expenses during the said period.

Even if the court below did not specify the criminal proceeds of Defendant A for the period from March 2015 to May of the same year, it shall collect the criminal proceeds only after June 2015, and shall order the collection of the criminal proceeds during the above period.