2. Although there are extenuating circumstances such as the fact that the defendant recognized his mistake and reflecteds, the amount used for gambling is large amount, and the period and frequency of gambling is considerable; the defendant requested formal trial when he was issued a summary order of KRW 5 million due to the instant case; and the amount has been reduced by a fine of KRW 2.5 million at the court below; and other factors of sentencing as indicated in the records, such as the motive and background leading the instant crime, the circumstances after the commission of the instant crime, and the defendant’s age, character and conduct, etc., are considered to be unreasonable. Therefore, the above assertion by the defendant is without merit.

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

(However, ex officio in accordance with Article 25 of the Rules on Criminal Procedure, and the application of the law in the judgment of the court below shall be corrected to add "the choice of fine" after the second amendment.