The defendant's appeal is dismissed.

1. Summary of the grounds for appeal: In light of the degree and period of the defendant's participation in the act of mistake of facts and misapprehension of legal principles (as to the portion of collection), relationship with other assistants, total amount of criminal proceeds, and amount of money received by the defendant, etc., the amount of money equivalent to KRW 77.5 million which the defendant received as benefits in the course of the crime of this case (hereinafter "the amount of money of KRW 77.5 million") cannot be deemed to have been paid as part of distribution of criminal proceeds from the principal offender who committed similar acts under the National Sports Promotion Act, and thus, it does not constitute subject to collection under Article 51(3) and (1)

Nevertheless, the lower court collected the instant KRW 77.5 million from the Defendant in accordance with the foregoing provision.

Furthermore, the instant KRW 7,750 does not fall under the subject of collection under Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “Regulation of Criminal Proceeds Concealment”).

Therefore, the judgment of the court below which collected KRW 77,50,00 from the defendant is erroneous in the misapprehension of legal principles as to additional collection and misconception of facts, which affected the conclusion of the judgment.

2. Determination

A. The lower court, pursuant to Article 51(3) and (1) of the National Sports Promotion Act, additionally collected KRW 77.5 million from the Defendant, and first, examined whether the instant KRW 7.5 million is subject to additional collection under the above provision.

Property acquired by a person punished pursuant to Article 47 subparagraph 2 of the National Sports Promotion Act through similar acts shall be subject to additional collection pursuant to Article 51 (1) and (3) of the National Sports Promotion Act, and the above additional collection aims to deprive him/her of unlawful profits and prevent him/her from holding it. Thus, in cases where he/she gains profits through similar acts among several persons, the amount of money distributed, i.e., the profit actually accrued shall be additionally collected.

On the other hand, in order to obtain criminal proceeds, the offender.