The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. The court below recognized the profits from the operation of the game of this case as KRW 224,192,00, and sentenced the Defendant to the additional collection of KRW 112,096,00,00, which is 50%. However, as D stated in the court of first instance, since the sum of the amounts distributed from D is KRW 77,826,450, the amount shall be limited to KRW 77,826,450, which was actually distributed from D even if the Defendant imposed the additional collection. ② The court below did not deduct KRW 7,757,00,00, which was confiscated in cash at the time of enforcement, from the additional collection of KRW 7,757,00,00, KRW 7,757,000, KRW 362, KRW 200, KRW 360, KRW 460, KRW 4605, KRW 206, KRW 3604, KRW 4605, KRW 2064, KRW 36064, and 20654.

Nevertheless, the court below sentenced 112,096,00 won to the defendant. Thus, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. The lower court determined that: (a) recognized the earnings from the operation of the game of this case as KRW 224,192,00; and (b) sentenced the Defendant to an additional collection of KRW 112,096,00,000, which is 50%.

B. Criminal proceeds subject to confiscation and collection as stipulated in Article 44(2) of the Act on the Promotion of Game Industry for the Judgment of the Party, are caused by criminal acts such as “property generated from criminal acts.”