The judgment below

Among them, the part of additional collection against the defendant shall be reversed.

193,360,00 won shall be collected from the defendant.

Summary of Grounds for Appeal

Defendant

The punishment of the lower court (one year, two months of imprisonment, confiscation, and collection) shall be too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

In a case where there is money exchanged to a game user of the legal doctrine related to ex officio determination, the proceeds from the crime are remaining after deducting the amount calculated by exchanging the proceeds from the sales to the game user (see, e.g., Supreme Court Decision 2014Do4708, Jul. 10, 2014). The cost spent by the criminal to obtain criminal proceeds is merely a method of consuming criminal proceeds, and thus, it is not merely a method of consuming criminal proceeds, and thus, it is not a deduction from criminal proceeds to be collected.

(See Supreme Court Decision 208Do11789 Decided February 12, 2009, etc.). According to the evidence and the record duly adopted and examined by the lower court, up to April 19, 2015, at the time of regulating the J-Game, the Defendant sold 17,080,000 won to customers in the above game room (Evidence record 60-61, 63-102, 348, 400, 421, 480, 12, 560, 200, 300, 360, 300, 450, 460, 12, 560, 000, 200, 30,0000, 30,000,0000 won or more, 30,000,000 won or more, average 15,000,000 won or more, 201.