A. The judgment of the court below which did not impose an additional collection on the proceeds of crime calculated by the confession statement of the defendant, on the ground that it is a mere abstract trend, is erroneous in the misapprehension of legal principles as to additional collection.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended sentence, two years of probation, and one hundred and twenty hours of social service) is too uneasy and unreasonable.

2. Judgment on misapprehension of legal principles

A. The lower court determined that the Defendant’s additional collection of criminal proceeds should be governed by the Act on Regulation and Punishment of Criminal Proceeds Concealment, and that the additional collection stipulated in Article 10 of the above Act is voluntary and even if it satisfies the requirements for additional collection, it is at the discretion of the court to determine additional collection. The amount of criminal proceeds calculated by the prosecutor is merely an abstract part of the amount of criminal proceeds, and thus, it did not impose an additional collection on the Defendant on the ground that the above amount cannot

B. 1) Determination on whether confiscation or collection is subject to forfeiture or collection, or recognition of the amount of additional collection, etc., are not related to the constituent elements of a crime, and it is not necessary to prove it by evidence, but also, if it is not necessary to specify the criminal proceeds subject to forfeiture or collection, etc. (see Supreme Court Decision 2008Do1392, Jun. 26, 2008). The purpose of forfeiture or collection of criminal proceeds, etc. under Articles 8 through 10 of the Act on Regulation and Punishment of Criminal Proceeds Concealment is to deprive of unlawful profits and prevent possession of them. Thus, where there are several crimes engaged in speculative business using speculative machines subject to forfeiture or collection under the above Act, and gain profits therefrom, each person shall individually confiscate or collect the distributed amount, i.e., the profits actually accrued to him/her, but it is impossible to determine the distributed amount.