The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

39,000,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. In light of the legal principles, it is erroneous in the misapprehension of the legal principle on the calculation of the surcharge to regard the total amount of criminal proceeds of the main company as KRW 9,2280,093, on the basis of only the data to estimate the amount of profit of the main company, without specifying the amount of betting for the game users of the games held by the main company operated by the defendant.

B. In light of the fact that the defendant's mistake of unfair sentencing is based on the defendant's failure to engage in normal labor activities due to a legacy after imposing simple consciousness on the defendant's her own, the court below's punishment (one year of imprisonment) is too unreasonable in light of the fact that the defendant plans to support his family with the certificate of vehicle maintenance and heavy equipment qualification and the license, and there is no risk of recidivism.

2. The purpose of 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 Promotion Act (hereinafter “Game Industry Promotion Act”) is to deprive a person of unlawful profits and prevent him/her from holding it (see, e.g., Supreme Court Decision 2007Do2451, Jun. 14, 2007). In cases 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 amount distributed, shall be individually confiscated and collected, and where it is impossible to determine the distributed amount, the amount divided shall be confiscated and collected equally.

(See Supreme Court Decision 200Do794 Decided March 9, 2001, etc.). According to the evidence duly admitted and examined by the court below, the defendant's criminal proceeds (i.e., KRW 24 million per month (= KRW 4 million per month x 6 times), and (ii) criminal proceeds derived from a total director = KRW 15 million per year for the following reasons.