국민체육진흥법위반(도박개장등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Determination of the summary of the grounds for appeal (unfair punishment in one year and six months) is unreasonable;
2. The court allowed the prosecutor's application for changes in indictment.
The judgment of the court below shall not be maintained as the subject of adjudication changes.
3. The judgment of the court below is reversed ex officio.
Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment shall be reversed and rendered following pleadings:
Criminal facts
The summary of the facts charged and the evidence acknowledged by this court is as follows: “The summary of the judgment of the court below shall be as stated in the corresponding column of the judgment below except for the following changes: “The sum of KRW 9,029,841,891 from November 2015 to February 2017 to five accounts from the members of the above site, as shown in the list of crimes, shall be deposited in the total sum of KRW 9,029,841,891 from November 2015 to February 2, 2017.”
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 47 subparagraph 2 of the National Sports Promotion Act and Article 26 (1) of the same Act concerning the facts constituting an offense, Article 30 of the Criminal Act, and Articles 247 and 30 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. According to Article 51(3) of the National Sports Promotion Act, property gains derived from similar acts should be collected. However, the Defendant’s pecuniary gains cannot be confirmed, and thus, should not be collected.
The court below's reasons for sentencing determined punishment by comprehensively taking into account the period, scale, criminal records, etc. of crime.
In light of the possibility of criticism for the crime of this case, the degree of the defendant's participation, etc., sentence is inevitable.
However, since the period and scale of crimes are reduced through amendments to indictment, it can not be reflected in the sentencing.
Although the sentencing criteria are not applied to the commercial competition relation, it is against the violation of the National Sports Promotion Act (Gambling, Gambling, etc.).