The judgment of the court below is reversed.

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

Nos. 2, 4 through 5, which have been seized by the defendant.

1. Summary of grounds for appeal;

A. The judgment of the court below that ordered the collection of money by the misunderstanding of the legal principles, despite the fact that the amount was not subject to collection under the Act on the Promotion of National Sports and the Act on the Promotion of Sports, is erroneous in the misapprehension of legal principles.

B. The sentence sentenced by the lower court to the Defendant (a year of imprisonment, confiscation, additional collection of KRW 12.6 million) is too unreasonable.

2. Determination

A. In a case where the principal offender who committed similar acts under the National Sports Promotion Act as to the assertion of misapprehension of the legal doctrine has paid wages to an employee who is an accomplice, the amount equivalent to the wages that he/she received from the principal offender may be additionally collected from the employee who is an accomplice pursuant to Article 51(1) and (3) of the National Sports Promotion Act, if such payment can be deemed as part of the distribution of criminal proceeds.

On the other hand, if the principal offender paid wages to employees who are co-offenders as part of the cost expenditure in order to obtain criminal proceeds, the collection of additional charges under the above provision is not allowed for employees who are co-offenders (Supreme Court Decision 2018Do6163 Decided July 11, 2018) (see Supreme Court Decision 2018Do6163, Jul. 11, 2018). However, in the instant case, the prosecutor cited Articles 8(1) and 10(1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds (hereinafter “Regulation of Concealment of Criminal Proceeds”) as the basic provision for the collection of additional charges against the Defendant, not Article 51(1) and (3) of the National Sports Promotion Act, and the lower court also ordered the collection of additional charges equivalent to the total daily amount obtained by the Defendant pursuant to Articles 8(1) and 10(1) of the Regulation of Concealment of Criminal Proceeds Act.

However, the property resulting from the crime of opening gambling under Article 247 of the Criminal Act is not only subject to collection in accordance with subparagraph 1 of Article 2 of the Regulation on Regulation on Concealment of Criminal Proceeds [Attachment Table], Articles 8 and 10 of the same Act, but also subject to collection in accordance with the above provision, it is about criminal acts under Article 3 of the Regulation on Regulation on Concealment of Criminal Proceeds (the most true act about acquisition or disposition of criminal proceeds).