2. Although there are favorable circumstances for the Defendant, such as the time when the Defendant was committing a crime, and the fact that there was no record of the same kind of crime, the instant crime by the Defendant using the Internet illegal gambling site is planned and organized.

In particular, according to the records of this case, even if the subordinate party was punished by the operation of the Internet gambling site of the same type as this case, the operation of the Internet gambling site is not suspended, and the core person operating the headquarters is to newly operate the same type of Internet gambling site by leading the operation of the website abroad, changing the address and sub-operator of the website, and the sub-party related to the sub-party is also able to see the behavior of opening and operating another Internet gambling site by cultivating the operating know-how of the Internet gambling site.

Therefore, strict punishment is required.

In addition, this case is not less than the period of operation of the Internet gambling site but less than 44 billion won in total.

In full view of the fact that there is no change in circumstances in determining punishment differently from the original judgment, and the various factors of sentencing as shown in the records and arguments of this case, the sentence of the lower court is too heavy.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.