Of the judgment of the court below against the defendant, the part concerning the crime No. 1-A of the judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment.

1. Summary of grounds for appeal;

A. The sentence of the court below against the defendant (the 2-year imprisonment, the 728,348,752 won, the 1,583,860,00 won, and the 30 million won and the 3-month fine, the 30 million won provisional payment order) is too unreasonable for the crime as set forth in Paragraph 2 of the holding.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

In particular, as to the calculation of the amount of additional collection, it is possible to calculate the amount of additional collection based on the evidence Nos. 37 and 85 from the evidence list data to calculate the amount of additional collection, and as to the collection of criminal proceeds from gambling opening, the amount of total sales, not from the amount of profit, should be deemed as criminal proceeds and the amount of additional collection should be calculated. However, the judgment of the court below that recognized additional collection

2. Determination

A. Part 1-A of the crime of Paragraph 1-A of the holding judgment 1-ex officio is examined as to the unfair sentencing of both judgment parties.

The lower court determined punishment by applying the Act and subordinate statutes as to the crime No. 1-A(a) of the judgment, and according to the records, the Defendant is not guilty of a criminal offense corresponding to a repeated crime.

The judgment of the court below is erroneous in the misapprehension of law that affected the conclusion of the judgment.

Therefore, the part on the crime of Section 1-A of the judgment that became the object of aggravated repeated crime is reversed ex officio.

However, since the public prosecutor's argument on the additional collection charge is still meaningful, it will be examined below.

2) Whether the amount of additional collection is subject to the determination on the calculation of additional collection charges, and the recognition of the amount of additional collection, etc., are not related to the elements of crime, and it is not necessary to prove strictly, but also necessary to be recognized by evidence. In a case where the criminal proceeds subject to additional collection cannot be specified, it shall not be collected.

In addition, if money is exchanged to gambling users, it is acquired as a crime.