국민체육진흥법위반(도박개장등)
All appeals filed by the prosecutor against the Defendants are dismissed.
The collection from Defendant A in the judgment of the court below shall be made.
1. The summary of the grounds for appeal that the court below imposed on the Defendants (i) a penalty of imprisonment with prison labor of two years, fines of thirty thousand,00,00 won, fines of one year, community service observation, confiscation, 246,478,239 won, and (ii) a penalty of two years, fines of twenty thousand,00,000 won, community service work, one year, 120 hours, confiscation, 207,75,500 won, and (iii) a fine of forty million won, 44,649,500 won, 4: a fine of one million won, 10,000,000 won, 10,000,000 won, 56,586,00 won, 56,00 won, 50,000 won, 50,000 won, 50,005 won, 50,506,509).
2. The Defendants’ crime of judgment requires strict punishment of severe social harm, such as encouraging speculative spirit, and impairing sound work consciousness, by allowing a large number of unspecified people to easily gambling through the Internet site.
The Defendants advertised and enticed users of gambling sites through high radio wave such as Internet broadcasting, and the amount that the users gambling by using the sites and the amount of profits that the Defendants received by the users are not small.
However, not directly opening and operating gambling sites or managing gambling funds, but by publicizing gambling sites, members are admitted and 1% fees are paid accordingly, and the degree of participation in the act of opening gambling is relatively low.
Defendants have no same criminal record, and Defendants A and E have only a criminal record of a fine of this kind, and Defendants C and D are the first criminal record.
Defendants are able to seriously reflect their mistakes and live as healthy social people in the future.
There is no special change in circumstances that would be different from the original judgment in the first instance.
In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime are revealed in the arguments in this case.