The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the defendant of mistake of facts committed a speculative act with approximately KRW 70,00 per day average, KRW 350,000 per day, and KRW 24,50,000 per day total for 35 days. However, since the defendant spent the employees for the above period on an average of KRW 180,000 per day as personnel expenses and operating expenses, the defendant has to deduct each of the above expenses in calculating the amount of additional collection, it is erroneous in the court below's decision that did not deduct it, which affected the

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. The cost spent by an offender to obtain criminal proceeds in the collection of criminal proceeds in order to obtain criminal proceeds in determining the assertion of mistake of facts, even if it was spent from criminal proceeds, is not merely a method of consuming criminal proceeds, and it is not a deduction from criminal proceeds to be collected.

(See Supreme Court Decision 2005Do7146 Decided June 29, 2006). In full view of the above legal principles, each prosecutor’s protocol of interrogation as to the suspect, C, and B, the Defendant from January 27, 2011, the same year is applicable to the Defendant.

3. Until February, 200, it is recognized that profits amounting to at least KRW 24.5 million have been earned while operating the game of this case. Even if the defendant paid the employee's wages and operating expenses with the profits earned from the operation of the game of this case, this does not necessarily mean that the amount should be deducted in calculating the amount of additional collection because it is merely a method of consuming criminal profits earned by the defendant. Thus, the judgment of the court below that collected the total amount of KRW 24.5 million from the defendant is just,

B. The Defendant’s confession of criminal facts and reflects his/her wrongness while making a judgment on the assertion of unfair sentencing, and the Defendant is deemed to have no criminal record but to have a criminal record, but the Defendant is punished by a fine of KRW 300,000 on August 22, 2008 and June 20, 2010.