Defendant

A shall be punished by a fine of 15 million won, and by imprisonment of Defendant B with prison labor for six months.

Defendant .

A. Defendants 1) misunderstanding of facts and misunderstanding of legal principles reveal who are the operators of the instant transit site, and the process of obtaining approval for membership, etc. was conducted by communicating with the highest total number of operators of the instant transit site with his permission. The instant transit site was established on June 2015, and the Defendants merely offered additional publicity and good offices from around April 2018, the Defendants cannot be deemed to have operated and managed the instant transit site. Furthermore, even in the case of profit distribution, the Defendants cannot be deemed to have been unilaterally instructed, and the Defendants cannot be deemed to have committed an essential act in opening the gambling space, and therefore, the Defendants cannot be deemed to have committed an aiding and abetting crime, not a joint principal offender. Nevertheless, the lower court erred by misapprehending the legal principles and by misapprehending the legal principles regarding the establishment of gambling space. Defendant A was detained for more than 6 months, Defendant A was subject to a suspended sentence of imprisonment with prison labor for more than 4,670,000 won (an unfair penalty of KRW 67,000,000).

B. If the public prosecutor opened the instant relay site and deposited money into the domestic account, the Defendants were to conduct hosting on behalf of the Defendants, receive cyber money, and exchange it again, and so long as the Defendants were found guilty of opening the gambling site, the Defendants should also be found guilty of violating the Act on the Sports Promotion of National Sports (Opening of Gambling, etc.) in relation to the ordinary competition.

Nevertheless, it is not guilty of violation of the National Sports Promotion Act (Gambling, etc.).