The judgment of the court below is reversed.

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

Nos. 1 to 5 of seized evidence shall be charged to the defendant.

1. Summary of grounds for appeal;

A. The court below determined that additional collection due to the misunderstanding of legal principles or the misunderstanding of facts must specify the property profit gained from a crime. The court below did not specify the property profit gained from a crime of violation of the Korean Marina Act as stated in paragraph (1) of the crime committed by the defendant.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the collection of additional charges in violation of the Korean marina Association Act, or by misunderstanding facts.

B. The sentence of the lower court that is unfair in sentencing (an imprisonment of eight months, confiscation, collection of 280 million won) is too unreasonable.

2. Judgment on the misapprehension of legal principles or the assertion of mistake of facts

A. Whether the subject matter of confiscation is subject to confiscation or the grounds for confiscation such as recognition of the amount of additional collection are not related to the elements of crime, so it is not necessary to prove strictly, but it is also necessary to prove evidence (see Supreme Court Decision 2005Do988 delivered on April 7, 2006, etc.). Meanwhile, in Article 56 (Confiscation and Additional Collection) of the Marina Society Act of Korea, the property under Article 50 (1) 1 through 3 and 6 and subparagraphs 1 through 3 and 8 of Article 51 shall be confiscated.

Provided, That when it is impossible to confiscate property or it has acquired financial benefits, the value thereof shall be collected additionally.

Article 2 subparag. 1 of the Act on the Regulation and Punishment of Concealment of Criminal Proceeds provides that a necessary confiscation shall be made for property and property gains acquired through similar horse racing. Article 2 subparag. 22 of the Act on the Regulation and Punishment of Concealment of Criminal Proceeds provides that crimes, such as Articles 50 and 51 of the Marina Society Act, are serious crimes, and thereby provides for confiscation and collection of “criminal proceeds, etc.” (Articles 8 and 10). Such confiscation aims to prevent the Defendant from being deprived of and holding them (see Supreme Court Decision 2007Do2451, Jun. 14, 2007). (b) According to evidence duly adopted by the court below and investigated by the police, the Defendant is the first time.