The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

1. Summary of grounds for appeal;

A. The Defendant and B divided the profits earned from the instant crime into 6:4. Although the actual profits of the Defendant fall far short of 20 million won, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine that ordered additional collection of KRW 20 million based on the statement that the Defendant and his accomplice were not reliable, and thereby adversely affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing ( imprisonment for eight months, suspension of execution for two years, community service, 120 hours, and surcharge 20 million won) is too unreasonable.

2. Determination as to the assertion on the additional collection charge

(a) the recognition of the subject of forfeiture of relevant legal principles, whether it is subject to forfeiture of collection, or whether it is subject to collection, does not require strict certification;

(See Supreme Court Decisions 2008Do536 Decided April 11, 2008 and Supreme Court Decision 2006Do9314 Decided March 15, 2007, etc. (see, e.g., Supreme Court Decisions 2006Do9314, Apr. 11,

Judgment

1) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the defendant's profit derived from the crime of this case, i.e., ① the defendant is not aware at an investigative agency of the accuracy (the profits earned from running the speculative game room business from September 2016 to October 15, 2018) but at least 10 to 15 million won per month, and at least 30 million won per two years (the evidence records 178 pages), "(the profits earned from B)" (the evidence records 179 pages, 179, 200,000 won from November 22, 2018; 201, 300,000 won from the prosecutor's office records).