The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Although the court below did not sentence additional collection on the defendant's criminal proceeds by misunderstanding the legal principles, the court below erred by misapprehending the legal principles.

B. The sentence of the lower court’s improper sentencing is too uneasible.

2. Article 44(2) and (3) of the Act on the Promotion of Game Industry, which provides that criminal proceeds arising from a criminal act under Article 44(1) of the same Act and property derived from such criminal proceeds shall be confiscated, and where such proceeds cannot be confiscated, the equivalent value thereof shall be additionally collected. As such, criminal proceeds arising from the instant crime shall be additionally collected in accordance with Article 44(2) and (3) of the same Act.

In addition, the expenses paid by the offender to obtain criminal proceeds have been paid from the criminal proceeds.

Even if this is merely a method of consuming criminal proceeds, it does not mean that it should be deducted from criminal proceeds to be collected (see, e.g., Supreme Court Decision 2008Do11789, Feb. 12, 2009). According to the evidence duly adopted and examined by the court below, the defendant stated in the prosecutor's office that "the defendant has made an average of 4 million won during the operation of the game of this case," and the defendant stated to the same purport in the court of first instance. Thus, the court below should have collected the amount from May 2015 to April 6, 2017 85,98,33 won [30,000 won x 22 months x 4,000 x 7,000 x 7,300 x 25,000 won from May 27, 2015] on the premise that the defendant did not have been charged for less than 20,000 won.