The judgment below

Among them, the part of additional collection against the defendant shall be reversed.

206,314,500 won shall be collected from the defendant.

The sentence of the court below (one year of imprisonment and 294,735,000 won of additional collection) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

It is not necessary to prove that the subject matter of ex officio determination of the amount of collection is subject to confiscation or collection, or recognition of the amount of collection, etc., and it is not necessary to prove the elements of crime, but also necessary to be recognized by evidence. If it is impossible to specify the criminal proceeds subject to collection, it shall not be collected (see Supreme Court Decision 2008Do1392, Jun. 26, 2008). Meanwhile, the purpose of this is to deprive the defendant of unlawful profits and prevent him/her from holding them. Thus, where he/she gains profits from the business of illegal games jointly, the amount of money distributed, i.e., the profit actually accrued to him/her, should be collected individually from the defendant (see Supreme Court Decision 2008Do1312, Jun. 26, 2008; 2008Do1392, Jun. 26, 2008).

On October 14, 2015, the Defendant registered the name of P, and operated the G Game Center (hereinafter referred to as the “instant Game Center”) in the prosecutor’s investigation.