All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment (a fine of three million won, confiscation) is too unreasonable.

B. Prosecutor 1) Since the Defendant, by mistake of facts or misapprehension of legal principles, acquired operating profit equivalent to KRW 16.1 million by operating the game of this case, the amount of KRW 16.1 million should be additionally collected from the Defendant. 2) The sentence of the lower court on unreasonable sentencing is too unreasonable and unreasonable.

2. Determination

A. 1) Determination on the prosecutor's assertion of mistake of facts or misapprehension of legal principles does not require strict proof, but where it is impossible to specify criminal proceeds subject to collection (see, e.g., Supreme Court Decision 2007Do2451, Jun. 14, 2007). Since additional collection under Article 48 (2) and Article 48 (1) 2 of the Criminal Act is voluntary, whether to collect additional collection of articles that meet the requirements for such additional collection is left at the court's discretion (see, e.g., Supreme Court Decision 200Do515, Sept. 4, 2002). 2) Although the defendant made a statement at an investigative agency that average of 10-150,000 won per day and 30-4.5 million won per month by committing the crime of this case, it is merely a statement by the defendant and it is insufficient to find that the defendant acquired the profits of this case as well as the statement by the defendant.

In addition, the court below's failure to collect profits from the crime of this case can be seen as a result of exercising its discretionary power, considering it as an object of voluntary confiscation. Thus, the prosecutor's above assertion is without merit.

B. Determination on the assertion of unfair sentencing is 1) The instant crime is an unfavorable circumstance where: (a) there are considerable social harm on the part of the general public, such as promoting excessive speculative spirit; and (b) the liability for the instant crime is not less than the period of the instant crime; and (c) the size of the place of business, etc. is not small. Meanwhile, the Defendant has no criminal power.