The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The judgment below

Examining the reasoning in light of the record, it is justifiable for the court below to order the Defendant to collect the amount of KRW 247,849,500 on the grounds stated in its reasoning.

In doing so, there is no violation of law by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on criminal proceeds subject to additional collection under the Act on the Promotion of the Game Industry.

B. Although the court that received the case from the court of final appeal is based on the factual and legal judgment of the court of final appeal on the ground of reversal in a trial of the case, the same shall not apply to the case where there is a change in the relation of evidence which is the basis of prompt judgment after submitting new evidence in the course of the trial after sending the case to the court of final appeal (see Supreme Court Decision 2001Do1314, Feb. 26, 2003, etc.). Thus, in the case where the court below newly examined the witness after the remand and recognized the facts concerning the average daily income obtained from the game exchange business as the result of the new witness examination after the remand, etc., and there is an error of law by misunderstanding the legal principles on the binding force

subsection (b) of this section.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.