Part concerning Defendant B and C shall be reversed, respectively.

Defendant

B and C shall be punished by imprisonment for eight months.

(b).

2. Determination

가. 공통퇸 양형요소 불법 도박사이트의 개설운영은 국민의 사행심을 조장하고 건전한 근로의식을 저해하는 등 사회적 폐해가 크고, 피고인들과 공범들은 단속을 피하기 위해 해외에 사무실을 개설하여 조직적이고 계획적으로 불법 도박사이트를 운영하였으며, 불법 도박사이트의 입금 총액이 3,219,664,000원에 이르러 그에 상응하는 처벌이 필요하다.

B. Defendant A recognized and reflected the instant crime, and Defendant A was working as an employee and did not have much weighted on the degree of participation, etc. are favorable circumstances.

However, Defendant A took part in the crime from the beginning of the establishment of the illegal gambling site of this case and received the amount of KRW 15 million up to five months, and Defendant A again committed the crime of this case during the period of suspension of execution despite having been sentenced to a two-year suspended sentence of imprisonment for the same kind of crime.

In full view of the above circumstances and other circumstances revealed in Defendant A’s age, character and conduct, family relationship, environment, etc., the lower court’s punishment cannot be deemed excessively heavy beyond the scope of reasonable discretion, and thus, Defendant A’s argument in the sentencing cannot be accepted.

C. Defendants B, C, and C recognize and reflect the instant crime. The Defendants were working for a relatively short-term employee for a period of up to one month, and did not focus on the degree of participation, and the profits gained from the crime are relatively little, and each initial offender is considered as favorable circumstances for the Defendants. In addition, the Defendants’ age, character, and environment, and the instant case are considered as favorable to the Defendants.