The part of the judgment of the court below against the defendant shall be reversed.

18,000,000 won from the defendant.

1. The summary of the grounds for appeal (misunderstanding of legal principles and improper sentencing) recognized by the lower court is based on the Defendant and D’s statement in the investigative agency. The above statements were calculated additionally as follows: (a) daily sales are based on the Defendant and D’s statement; (b) the average daily sales of the game room located at the time when the above amount was unclear; (c) net profits amounting to KRW 2 million are not consistent with the empirical rule; (d) there is no profits earned by the Defendant from the business of the game room around April 2018; and (e) there is no profits earned by the Defendant from the game room business; and (e) labor cost and personnel expenses incurred by the Defendant should be deducted from the additionally collected amount. In light of the above, surcharges 134,647,00 won recognized by the lower court was calculated additionally.

The sentence of the lower court (ten months of imprisonment, two years of probation, order of observation of protection, order of community service order 160 hours) is too unreasonable.

2. Judgment on the misapprehension of legal principles

(a) Determination by the lower court - Business period: 70 days = 60 days changed from July 4, 2017 to September 1, 2017, which is a control day from July 4, 2017 to 10: 140,000 won: 140,000 won = 2,00,000 won per day x 70 days x 134 days - 134,647,00 won = the above 140,00 won - 5,353,000 won confiscated on September 1, 2017

B. 1) Determination on whether a crime is subject to confiscation or collection, or recognition of the amount of additional collection, etc., are not related to the elements of crime composition, and thus, it is not necessary to prove strict evidence, but also necessary to recognize it based on evidence. In a case where it is impossible to specify the criminal proceeds subject to confiscation, additional collection shall not be made (see, e.g., Supreme Court Decision 2014Do4708, Jul. 10, 2014). The expenses paid by the offender to obtain criminal proceeds in addition to additional collection of criminal proceeds shall have been disbursed from criminal proceeds.

Even if it is merely a method of consuming criminal proceeds, it shall not be deducted from criminal proceeds to be collected (see Supreme Court Decision 2015Do3351, Jul. 23, 2015, etc.).