The judgment below

Among them, the part of additional collection against the defendant shall be reversed.

The remaining appeal by the defendant is dismissed.

1. Summary of grounds for appeal;

A. It is unreasonable to additionally collect daily allowances that the Defendant received while working for an employee in the game of this case as criminal proceeds from the crime of this case.

B. The lower court’s punishment against the Defendant (2 million won, additional collection of 11.2 million won) is too unreasonable.

2. Determination on the additional collection charge

A. The purpose of collection under Article 44(2) of the Game Industry Promotion Act is to deprive the criminal of unlawful profits from the act in order to eradicate the crime under each subparagraph of Article 44(1) of the same Act. Thus, it is reasonable to deem that the scope of collection is limited to the actual acquired profits. However, since the cost incurred by the criminal in the course of committing a criminal act is only one of the ways to consume the profits earned from the criminal act or justify his/her act, it is not a deduction from the amount of collection (see, e.g., Supreme Court Decision 2013Do1859, Apr. 11, 2013). (b) According to the evidence duly adopted and investigated by the court below, the defendant, as an employee of the head of the game game of this case, was employed by the joint defendant A, etc., who is the main owner of the game of this case, and received a fixed amount of KRW 70,000 won per day from the defendant's criminal act, it does not include the above facts that the defendant received a wage from the defendant.

(c)

Therefore, the sum of the daily allowances that the defendant received as wages is KRW 1,20,000.