The penalty collection portion shall be reversed.

2,237,786,393 won shall be additionally collected from the defendant.

The above additional collection charge.

A. Defendant 1) Since part of money, other than gambling funds, is included in KRW 152,293,672,316, calculated with gambling funds as stated in the facts charged of the instant case, the said gambling funds should be partially reduced. 2) The imposition of the surcharge of the lower judgment is unreasonable, and thus, the surcharge should be re-calculated.

3) The sentence of the lower court (the three-year imprisonment is too unreasonable).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The Defendant asserts that: (a) at KRW 152,293,672,316, calculated by gambling funds in relation to the Internet sports entertainment site “D” (hereinafter “instant site”), the money transferred between each operating account as indicated in the list of crimes in the judgment of the lower court (hereinafter “operating account”); (b) the money deposited by the depositor in the above operating account without his/her own name (hereinafter “unregistered cash deposit amount”); (c) the money deposited for interest; (d) the money deposited in the account transfer; (d) the money deposited in the account; and (e) CH, M, CI, C, C, C, C, C, C, K, C, CN, CN, L, L, CO, Q, Q, Q, B, and B in the operation account; and (e) CH, C, C, C, C, C, and Korea’s operating account, which was returned to the borrowed account in the name of each person.

However, the specific amount of gambling funds following the operation of an illegal sports soil site does not affect the establishment of the crime of violating the National Sports Promotion Act (Gambling, etc.), the crime of opening gambling spaces, and the crime of violating the Act on Regulation and Punishment of Criminal Proceeds Concealment. The amount of gambling funds stated in the facts charged is merely the example of gambling funds deposited in the operating account used in the crime for three years from September 26, 2014 to September 22, 2017, which are part of the whole crime period from April 2009 to September 2018. Thus, to the extent that there is no disadvantage to the defendant’s exercise of his right of defense, it is merely the example of gambling funds deposited in the operation account used in the crime for three years from September 26, 2014 to September 22, 2017.