The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for eight months, for six months, for six months, and for eight months, for Defendant C.

1. Summary of grounds for appeal;

A. Defendant A and C’s assertion of misunderstanding of facts is at least one million won per day, and the amount of sales of the instant game room from September 11, 2013 to June 12, 2014 was calculated by adding the business days of the instant game room as 274 days. However, the total sales amount cannot be deemed as the goods acquired by the Defendants through the instant crime, and the Defendants did not actually conduct the business during the pertinent business period.

Therefore, the judgment of the court below is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. The lower court’s sentence against the Defendants on the assertion of unfair sentencing (i.e., imprisonment of 10 months, confiscation, additional collection of 274 million won, and (ii) imprisonment of 6 months, confiscation, and confiscation of 6 months, 3: imprisonment of 10 months, and additional collection of 274 million won) is too unreasonable.

2. As to Defendant A and C

A. We examine ex officio the Defendants’ grounds of appeal prior to the judgment on the grounds of appeal.

Article 44(2) of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”) provides that “The game products owned or occupied by a person falling under the provisions of paragraph (1), profits generated by such criminal acts (hereinafter referred to as “criminal gains” in this paragraph), and property derived from criminal gains shall be confiscated, and if it is impossible to confiscate them, the equivalent value thereof shall be collected.” Article 44(2) of the Game Industry Promotion Act provides that “The provisions of Articles 8 through 10 of the Act on Regulation and Punishment of Criminal Proceeds Concealment shall apply mutatis mutandis to matters related to forfeiture and collection of criminal gains and property resulting from criminal gains referred to in paragraph (2).”

In addition, the collection under the provisions of Articles 8 through 10 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, which are applied mutatis mutandis pursuant to Article 44 (3) of the Game Industry Act, is to deprive of unlawful profits and prevent them from being kept.