The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

24,150,000 won shall be additionally collected from the defendant.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The lower court sentenced the Defendant to collect a total of KRW 48,30,00 from the Defendant pursuant to Article 44(2) of the Game Industry Promotion Act [the daily benefit of the head of the first game as indicated in the lower judgment from November 8, 2012 to December 5, 2012, 28 days; the daily benefit of the head of the second game as indicated in the lower judgment from November 14, 2012 to December 14, 2012; and the period of business from December 14, 2012 to December 20, 2012, deeming the above surcharge to be calculated [the amount of KRW 160,00 x 50,00 x 7,000)] (the average benefit of the head of the game as indicated in the lower judgment was KRW 160,000) = 48,300,000,000 as stated in the lower judgment, and the average benefit of the head of the game as stated in the lower court’s holding that the Defendant was an accomplice.

B. The purpose of Article 44(2) of the Game Industry Promotion Act is to deprive the criminal of criminal proceeds and prevent the criminal from possessing unlawful profits, unlike punitive collection, inasmuch as the cost spent by the criminal was only a method of consuming criminal proceeds even if it was spent from criminal proceeds, expenses such as daily allowances and rents for employees of each game room above cannot be deducted from criminal proceeds subject to additional collection. However, the purpose of additional collection of criminal proceeds under Article 44(2) of the Act on Promotion of Game Industry is to deprive the criminal of criminal proceeds from being deprived of them.