The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. As to the portion of the judgment of the court below concerning the erroneous determination of facts and misapprehension of legal principles, the court below sentenced the additional collection of 12 million won, although there was no profit acquired by the defendant due to the crime of this case. Such judgment of the court below is erroneous in the misapprehension of legal principles as to

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. In a case where a person punished pursuant to Article 47 subparag. 2 of the National Sports Promotion Act on the assertion of mistake of facts and misapprehension of legal principles is subject to the collection of property acquired through similar acts pursuant to Article 51(1) and (3) of the National Sports Promotion Act, and the above collection of property is intended to deprive him/her of and prevent him/her from holding it. As such, where he/she gains profits through similar acts, the amount of money distributed, i.e.

On the other hand, the cost spent by the offender to obtain criminal proceeds is only a method of consuming criminal proceeds, even if it was disbursed from criminal proceeds, so it is not a deduction from the criminal proceeds to be collected as a penalty.

(2) According to the records duly adopted and examined by the lower court, the lower court held that: (a) the Defendant was the so-called cash withdrawal book that withdraws from the illegal gambling site operation of B, F, etc. for four months from October 2015 to February 2016; and (b) at the request of B, etc. to withdraw the gambling money from the Defendant’s account in cash and deliver it to other accomplices; and (c) according to the evidence duly adopted and examined by the lower court, the Defendant was deemed to have received the cash of KRW 12 million from the gambling fund that was withdrawn in cash for four months from October 26, 2015 to February 2016, in return for the withdrawal of the gambling money from the Defendant’s account to the other accomplices.