The judgment of the court below is reversed.

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

3,850,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. The sentence of the court below (the 3 years of probation, probation, community service, 160 hours of collection, 2850,000 won) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

In addition, it is necessary to additionally collect 1 million won from the defendant's sole criminal conduct, and only the profits from the period of business E and the same shall be collected.

2. Determination

A. Although it is recognized that the defendant's mistake recognized his own mistake, the size and profits of the PC bank of this case, and the defendant raises two children alone, the defendant committed the crime of this case in the period of suspension of execution or immediately after it was found that he committed the crime of this case, he stated that he would pay half of the fine to accomplice E after he was found to have committed the crime of this case, thereby allowing E to make a false statement first at an investigative agency, the defendant refused an investigation by an investigative agency for more than three years after he was absent from the questioning of the suspect prior to detention on August 2009, and was arrested after having complied with the investigation by an investigative agency for more than three years, taking into account the age, character, character, occupation and environment of the defendant, and the motive and circumstance leading to the crime of this case, etc., the prosecutor's allegation is justified, and the above argument by the prosecutor is without merit.

B. According to the evidence duly adopted and examined by the court below and the records of this case, it is recognized that the defendant gains a profit of one million won in operating the game room independently from the police officer of March 2009 to the first police officer of April 2009, and that from then to May 8, 2009, the defendant gains a profit of five hundred and seventy million won in operating with E on the condition that operating income is divided into 1:1. Thus, it is recognized that the defendant gains a profit of one million won in total from the defendant [= one million won in sole profit of the defendant (2.85 million won in sole profit of the defendant).