The prosecutor's appeal is dismissed.

1. Although there are sufficient data submitted by the prosecutor regarding the additional collection of the summary of the grounds for appeal, the lower court did not additionally collect KRW 93,80,000 on the grounds that the criminal proceeds subject to additional collection cannot be specified, and in light of the size and facilities of the game site of this case, the Defendant appears to have considerable operating income from the game exchange business, and such illegal business was among the harm and injury inflicted on society, it erred by exceeding minor punishment (two years of suspended execution and confiscation) against the Defendant.

2. Determination

A. 1) Whether the subject matter of confiscation or collection is subject to confiscation or collection, or the recognition of the amount of collection is not related to the constituent elements of the crime, and it is not necessary to prove it by evidence, but also, if it is impossible to specify the criminal proceeds subject to confiscation or collection (see, e.g., Supreme Court Decision 2008Do1392, Jun. 26, 2008). In addition, where there is money exchanged to game users, the proceeds from the crime would be the remaining amount after deducting the amount of money exchanged to the game users from the sales (see, e.g., Supreme Court Decision 2012Do7843, Sept. 27, 2012); even if the expenses paid by the Defendant to obtain criminal proceeds from the criminal proceeds have not been deducted from the total amount of the proceeds of the crime, they shall not be deducted from the total amount of the proceeds of the crime that the Defendant paid to 200 million won for 200 million won or more (see, e.g., Supreme Court Decision 20008Do12812, Jun. 26, 26, 20008).).