The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence shall be confiscated.

The judgment of the court below which collected KRW 168,00,00 from the defendant 168,00 from the misunderstanding of the substance of the grounds for appeal or misunderstanding of the legal principles is erroneous and erroneous.

The punishment sentenced by the court below to the defendant (two years of imprisonment, etc.) is too unreasonable.

Judgment

In fact, whether the subject matter of confiscation or collection, or the recognition of the amount of additional collection, etc., as to the assertion of mistake or misunderstanding of legal principles, are not related to the elements of crime, and it is not necessary to prove strict facts, and it is also acknowledged by evidence (see Supreme Court Decision 2008Do1392, Jun. 26, 2008). In this case, the court below held that net profit of KRW 800,000 per day from the end of August 2014 at the court below to the end of February of the following year.

On the basis of the above statement of the defendant, the prosecutor calculated a surcharge of KRW 168,00,000 from September 2014 to February 2015 (i.e., net profit of KRW 24,000,000 per month x seven months). The court below collected KRW 168,00,000 from the defendant.

The Defendant operated the game hall of this case for at least nine months from May 13, 2014 to March 5, 2015 according to the criminal facts against the Defendant, although it was not seven months from September 2014 to February 2015 according to the above calculation, the Defendant had operated the game hall of this case for at least nine months from May 13, 2014 to March 5, 2015. The lower court did not err by misapprehending the facts concerning additional collection or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. Therefore, this part of the Defendant’s assertion is without merit

The defendant, for a long time, committed the instant crime by allowing customers to use game water and delivering coophones that correspond to the game scores, and in light of the period and scale, etc., the liability for the instant crime is not less strict, the defendant, by installing a correction device at the entrance, by securing an emergency escape path, by recognizing the police enforcement fact and destroying evidence, and by aiding and abetting gambling.