도박공간개설등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years, for one year and six months, for Defendant B, and for Defendant C.
1. Summary of grounds for appeal;
A. The lower court erred by misapprehending the Defendants (1) in calculating the amount of money remitted from members on the I website and K website operated by the Defendants, and in calculating criminal proceeds, calculating the amount of money transferred through the fund transfer transaction between the accounts used by the Defendants, and thereby, calculating the amount of money transferred through the fund transfer transaction between the accounts used by the Defendants. In a case where the Defendants withdrawn money in cash from a certain Do account but again deposited money in cash again, and then withdrawn money again in cash, the lower court erred by misapprehending the facts in calculating the amount of cash withdrawal in both accounts as criminal proceeds and criminal proceeds, and thereby recognizing the criminal facts by calculating the amount of money and criminal proceeds differently from the actual amount.
(2) The sentence against the Defendants (Defendant A: imprisonment of 2 years and 4 months, confiscation, additional collection of 10,17,598,114, Defendant B: imprisonment of 2 years, 4 years of suspended execution, 4 years of probation, 240 hours of community service, confiscation, additional collection of 40 hours of gambling therapy, 2,53, 250, 250 won, 1 year and 6 months of suspended execution, 3 years of probation, 3 years of probation, 3 years of community service, 240 hours of gambling therapy, 40 hours of gambling therapy, 502, 605, 873 won) is inappropriate.
B. The Prosecutor’s sentence against the Defendants in the lower court is too unhued and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
A prosecutor shall receive a transfer of KRW 141,104,168,825 in total with 86 accounts (hereinafter “one single account”) in Article 1-A of the facts charged in the instant case for the first time in the first time. The prosecutor shall read as “the receipt of KRW 123,161,260,237 in total with 86 accounts (hereinafter “one single account”)”, and “the receipt of KRW 547,157,824,383 in total with 138 accounts (one single account)” in Article 1-B of the facts charged in the instant case for “the remittance of KRW 347,906,110,115 in total with 138 accounts (one single account).” The facts charged in the instant case shall be as follows: