The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

6,000,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. The lower court’s judgment that rendered an additional collection of KRW 6 billion is erroneous in misunderstanding the facts and misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment, even though the Defendant could not specify the profit earned from the instant crime, and thus, cannot be collected from the Defendant.

The Defendant’s defense counsel initially asserted on September 15, 2017 that ① the Defendant did not operate the instant gambling site, ② the Defendant divided part of the proceeds derived from the instant crime into the equity president, and such amount should be deducted from the amount to be collected as a result of payment of wages to employees, and thus, the amount of additional collection ordered by the lower court should be mitigated. However, on the date of the first trial of the first instance trial of the first instance trial of the first instance trial of the second instance, each of the allegations was withdrawn.

B. The lower court’s sentence (two years and four months of imprisonment, additional collection of KRW 6 billion) against an unfair defendant in sentencing is too unreasonable.

2. Determination of misunderstanding of facts and misapprehension of legal principles, confiscation of the subject matter of additional collection, or recognition of additional collection does not require strict certification (see, e.g., Supreme Court Decisions 2015Do1233, Apr. 23, 2015; 91Do3346, Jun. 22, 1993). According to the examination of evidence by the lower court, the Defendant voluntarily stated in the prosecutor’s investigation that he/she would have reached 6 billion won (in the investigation record, 918 pages), and calculated the profit on the basis of the monthly average income of the Defendant’s employees stated by the gambling site, which is the smaller favorable to the Defendant. The Defendant’s statement and employees, and the Defendant’s management status based on the pertinent gambling site’s operation status.