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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
Seized No. 6.
Reasons
1. Summary of grounds for appeal;
A. The lower court erred by misapprehending the legal doctrine or misunderstanding the profit of H Gameland (hereinafter “the game of this case”) and calculated the amount of additional collection by recognizing the profit of the H Gameland more excessively than the actual amount.
B. The sentence of the lower court’s improper sentencing is too unreasonable.
2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles
A. Whether the subject matter of confiscation or collection is subject to confiscation or collection, or the recognition of the amount of collection is not related to the elements of a crime, and it is not necessary to prove strict facts, but also, if it is acknowledged by evidence, it shall be reasonable to acknowledge it, and if it is impossible to specify the criminal proceeds subject to confiscation or collection, it shall not be additionally collected (see Supreme Court Decision 2014Do4708, Jul. 10, 2014, etc.).
(1) From August 22, 2014 to August 3, 2015, the Defendant operated the instant game hall among approximately 11 months, Namdong-gu G 201 and 202, and its business hours were 09:0 to 24:00 per month. The Defendant did not operate the instant game hall for about 11 months.
(2) The Defendant: (a) recognized the fingerprints of the relevant customer in the membership management system so that customers may exchange the game money acquired using the game water in cash or reuse the same at the next visit; and (b) accumulated the game machine in the game machine by directly inserting cash in the game machine; (c) the customers who visited the game of this case (10,000 won inputs 10,000 won); or (d) using the game machine by again inputting the points accumulated in the membership management system into the game machine.
(3) On August 3, 2015, the head of the instant game was subject to the control of illegal money exchange around 15:40 on charges. The cash confiscated within the game machine was KRW 1,526,00 and the total amount of KRW 3,750,000 in the game machine was 3,750,000 (see, e.g., Articles 81 through 87, 365 of the investigation record) and within the game machine.