The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

20,100,000 won shall be collected from the defendant.

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.

2. We examine ex officio the argument of the Defendant and the prosecutor before determining ex officio.

A. Article 51(3) of the Act prohibits a person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, from providing property or property benefits (hereinafter “similar act”) to a person who correctly predicted the outcome by issuing sports promotion voting rights or similar things (hereinafter “similar act”) (Article 26(1)). Article 47 Subparag. 2 of the same Act provides that a person who violates the foregoing prohibition provision shall be subject to criminal punishment (Article 51(3) and an amount equivalent to the value of property benefits derived from the prohibited similar act shall be additionally collected (Article 51(3) and (1) of the same Act in light of the legislative purpose of the Act on the Promotion of National Sports (Article 51(3) of the same Act). In light of the legislative purpose of the Act on the Promotion of Sports of the Republic of Korea that prohibits similar act, where the necessary disciplinary provision of Article 51(3) of the same Act not only commits a similar act as a principal offender but also commits a similar act as

There are Supreme Court Decision 200Do794 Decided March 9, 2001, which held that Article 357 (3) of the Criminal Code provides that the necessary sunset provision and additional collection provision shall be applied not only to a joint principal offender but also to a subordinate offender or a teacher. There are Supreme Court Decision 2010Do3545 Decided July 8, 201, which held that Article 6 of the Act on Special Cases concerning Forfeiture for Public Officials' Crimes should be applied not only to a joint principal offender but also to a subordinate offender or a teacher.

Meanwhile, Article 51(3) of the National Sports Promotion Act provides that not only the value of the property but also the value of the property acquired through similar acts if it is impossible to confiscate the property acquired through similar acts, such as (i) the goods and the property, (ii) the apparatus and devices owned or possessed for similar acts.