The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although the Defendant cannot make a decision of additional collection because it is impossible for him to specify criminal proceeds obtained in the course of operating the game of this case, the lower court, without any evidence to acknowledge the monthly average profit, deemed the monthly average profit as 12 million won and additionally collected 60 million won from the Defendant. In so doing, the lower court erred by misapprehending the facts concerning the scope of additional collection or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. Unless otherwise, the lower court’s sentencing (one year of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts or misapprehension of legal principles, i.e., (i) the Defendant operated the game site of this case from the end of September 2014, where the monthly average profit was KRW 12 million with the deposit for the game site of this case; (ii) the Defendant stated that he paid KRW 15 million with the deposit for the game site of this case; and (iii) the employee’s allowances alleged to have been paid by the Defendant are merely a method of consuming criminal proceeds; (iii) the criminal proceeds from the crime of this case are not of the nature to be deducted from criminal proceeds; and (iv) insofar as there is no evidence to deem that the Defendant exchanged or distributed criminal proceeds with another person, the principal owner of the game site of this case, and thus, the Defendant did not err by misapprehending the legal principles on the average amount of KRW 15 million with the deposit for the game site of this case, or by multiplying the period of KRW 200,000 by the average amount of profit during the period of six months.