The judgment below

The penalty collection portion shall be reversed.

2,88 million won shall be additionally collected from the defendant.

The above additional collection charge.

1. Summary of grounds for appeal;

A. Defendant 1) In the event of misunderstanding of facts and misunderstanding of legal principles (in the case of additional collection), the amount of money exchanged to customers shall be deducted, and in the event that the criminal proceeds subject to additional collection cannot be specified, the additional collection shall not be made.

In this case, the criminal proceeds of the defendant cannot be specified, the amount exchanged by the defendant cannot be specified, and the value of the game machine cannot be collected as there is no specific data to specify the value of the game machine.

Nevertheless, the court below, on the sole basis of Defendant’s statement, deemed criminal proceeds as KRW 40 million, and the value of the game machine provided for committing an offense as KRW 19 million and additionally collected KRW 59 million. The court below erred by misapprehending the legal principles on collection of criminal proceeds, or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The punishment sentenced by the lower court (one hundred months of imprisonment, additional collection of KRW 59 million) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine (additional collection)

A. Determination on KRW 40 million of criminal proceeds 1) Where a game room is operated by mobilization of an act of exchanging legal principles, barring any special circumstance, the total amount of proceeds would be criminal proceeds. The total amount of proceeds here refers to the profits actually accrued to the game room business operator. As such, the amount remaining after deducting the money paid from the total sales of the game room by exchanging the money to the users of the game room (see Supreme Court Decisions 2014Do4708, Jul. 10, 2014; 2012Do7843, Sept. 27, 2012). Moreover, the expenses paid by the criminal to obtain criminal proceeds, such as employees’ benefits and the cost of purchasing the game machine, etc., was paid from criminal proceeds.

Even if it is not a method of consuming criminal proceeds, it shall not be deducted from criminal proceeds to be collected as a penalty (Supreme Court).