A. The court below found the Defendants not guilty of the charges of violating the National Sports Promotion Act (replacement, etc. of gambling) by misunderstanding the facts, although the Defendants, as the total board of the Internet gambling site, participated in the operation of the gambling site as part of the commission of members.

B. Sentencing of the lower court’s punishment against each of the Defendants (Defendant A: a fine of 5 million won, Defendant B: a fine of 3 million won) is too uneased and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

(a) No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall provide goods or financial benefits to those who win the results of the sports promotion voting rights or the issuance of similar things to those who win the results thereof;

Nevertheless, the Defendants, in collusion with name-free boxes, L, M, etc., opened a private sports entertainment site in a foreign country, such as the United States, and received money from unspecified members who joined the said site as members, and then paid the corresponding points to the members. The Defendants are responsible for operating an illegal sports sports entertainment site in such a way that members are able to pay a certain amount of money according to the rate of distribution in cash and at the rate of distribution, and M is responsible for soliciting and supplying a general account of money to be used as a charging account of the gambling site. L is responsible for withdrawing cash from the charging account deposited by unspecified members and delivering it to the name-free persons. The Defendants play the role of operating so-called “all sales office” in which members are recruited by providing the ID and password of the gambling site to those who want to engage in gambling and gambling through the Internet.

The Defendants’ name-free boxes, etc. are as above.