The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A certificate (No. 5), attached B, 1.

1. Summary of grounds for appeal;

가. 추징금 사실오인 도박공간개설죄의 추징금 관련하여, 피고인은 총 5억 5,200만 원의 현금을 인출하였고, 인출수수료로 인출금의 0.5%를 얻었으므로 이로 인한 범죄수익금은 275만 원(≒ 5억 5,200만 × 0.5%)이고, 국민체흥진흥법위반(도박개장등)죄의 추징금 관련하여, 피고인은 통장 2개 대여비 60만 원(= 30만 원 × 2개) 및 소개비 900만 원(= 150만 원 × 6월)의 수익을 얻었으므로 이로 인한 범죄수익금은 합계 960만 원이다.

Therefore, the judgment of the court below which sentenced 21,50,000 won as the additional collection charge on the defendant is 1,235,000 won, is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (the respective confiscation of 2 years of imprisonment, 6, 8, 9, 10, 11, 13, and 15, 21, 500,000 won) is too unreasonable.

2. Determination

A. First of all, we examine the allegation of mistake of facts on the additional collection charge and examine the additional collection charge for the establishment of gambling space.

According to the protocol of examination prepared by the prosecutor against the defendant, the defendant: (a) the amount withdrawn in cash from October 24, 2018 to November 2, 201 of the same year from October 24, 2018 to the defendant's account transaction details is KRW 552 billion; (b) however, this is merely the amount confirmed in the account details, and the defendant withdraws approximately KRW 1 billion and delivers it to J; and (c) the defendant received KRW 1.0 billion from the fee to receive KRW 1.0% of the withdrawal; and (d) stated that the defendant and BD received KRW 5 million from the fee; and (e) J withdrawn KRW 96 million from the police investigation stage and stated that KRW 1.5% of the withdrawal was made from the fee. In full view of the fact that the defendant received KRW 5 million from the above criminal act.

In addition, in relation to the collection charge of the violation of the National Physical Promotion Act, according to the examination protocol prepared by the public prosecutor against the defendant, two accounts are opened from December 2016 to May 2017.