Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

(b).

A. The court below's punishment against the Defendants (the defendant A: imprisonment of one year and four months, confiscation, additional collection, defendant B: imprisonment of ten months, confiscation and additional collection) is too unreasonable.

Defendant

B and the defense counsel seem to have asserted that only the grounds for appeal are illegal in the calculation of the surcharge by the court below, but in other words, the following circumstances revealed by the records of this case: (a) Defendant B stated in the investigative agency and the court of the court below to the effect that “The level of KRW 100 million was punished by gambling, and later became no longer than KRW 120 million,” and even during the trial of the court of the first instance, Defendant B obtained profits equivalent to KRW 100 million among the charges of violating the National Sports Promotion Act (Gambling, etc.) in the first instance trial.

‘The part is denied.’

In light of the fact that the Defendant’s withdrawal of the above assertion through his defense counsel’s opinion on September 3, 2019 and recognized this part of the facts charged, and that even if the Defendant again lost all the profits acquired through the instant criminal facts, it is not a method of consuming criminal proceeds, and it is not a deduction from the criminal proceeds to be collected additionally, it does not seem that there was an error in the calculation of additional collection charges against Defendant B in this part of the lower judgment.

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

2. The Defendants’ assertion and the Prosecutor’s assertion with respect to the crime of gambling, violation of the National Sports Promotion Act (gambling, etc.) and establishment of gambling spaces are in need of a very serious social harm and punishment by promoting the general public’s gambling spirit and undermining sound labor practice. The Defendants recruited members from the top or lower rank of each illegal sports sports entertainment site, and received profits from the Defendants in proportion to the amount of the sports betting amount of the recruited members, and recruited the Defendants.