The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. In fact, the court below erred by misapprehending the legal principles and misunderstanding the legal principles that recognized monthly sales as KRW 3 million without any particular evidence, and did not deduct the money exchanged to the game site users and the cash confiscated, even though the defendant should specify the substantial benefits gained from the crime of this case and additionally collect them.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment, two years of suspended execution, confiscation, and collection) is too unreasonable.

2. Determination on the grounds for appeal

A. In full view of the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the lower court, the lower court erred by misapprehending the legal doctrine regarding the collection of additional charges and misapprehending the legal doctrine on the premise that the Defendant obtained KRW 3 million from monthly income (=3 million x 18 months).

① On January 2, 2017, the Defendant opened a business with the trade name of “C Game Site” (hereinafter “C Game Site”) in the building of Ulsan Jung-gu and the third floor, and operated an illegal transshipment business by July 11, 2018.

② According to the Defendant’s statement at the Defendant’s prosecutor’s office, the Defendant made an average of KRW 300-4 million during one month in ordinary, and stated that there existed a net profit of KRW 2 million when deducting monthly taxes, public charges, etc. (Evidence No. 116 pages). According to the overall purport of the Defendant’s statement, the Defendant’s average sales of KRW 300-4 million remaining after excluding the amount returned to the intermediate game site users while operating the instant game site. Here, the remainder after deducting operating expenses of the instant game site, such as monthly taxes, public charges, etc., is KRW 2 million.