The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

1. Summary of grounds for appeal;

A. The sentence of imprisonment (ten months of imprisonment and confiscation) imposed on the Defendant by the lower court is too unreasonable.

B. In full view of the evidence submitted by the prosecutor by mistake of facts or misapprehension of legal principles, 5,768,00 won among the sales revenue acquired by the defendant in the course of operating the game of this case can be recognized as having been disbursed for operating expenses of the game of this case. Thus, the defendant was deemed to have obtained criminal proceeds of at least 5,768,00 won, which is equivalent to the operating expense of the game of this case through each of the crimes of this case. Even though the defendant cannot be deemed to have obtained criminal proceeds of this case, the above 5,7680,000 won cannot be deemed to have been deemed to have been criminal proceeds of each of the crimes of this case, the total sum of 100,000,000 won in the game of this case, which is 16,256,890 won in the sales revenue of the game of this case, and the number recorded in each of the books confiscated, can be deemed to have been deducted from the above sales revenue of the defendant. Nevertheless, the court below did not impose additional collection on the defendant for reasons.

2. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle

A. The lower court’s determination does not require a strict certification as to whether a person is subject to additional collection, but where it is impossible to specify the criminal proceeds subject to additional collection, it cannot be collected (see, e.g., Supreme Court Decision 2007Do2451, Jun. 14, 2007). Where there is money exchanged to game users, the criminal proceeds may be collected as additional collection only after deducting the amount corresponding to the money exchanged to the game users from the sales amount.