The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Summary of Grounds for Appeal

The defendant, at the request of the gambling site operator, has produced a gambling site through progs and has resolved the problem through progs upon the request of the above operator to resolve the problem.

However, it is difficult to view that Defendant’s act was not an action related to the operation of the gambling site, and even if Defendant’s act did not constitute an important premise, it does not seem impossible to commit a total crime. Moreover, it is difficult to view that Defendant did not stop committing a crime by the operator of the gambling site or make a decision on the method and time of committing a crime. As such, it is difficult to view that the process of the total crime was controlled or neglected.

In light of such overall circumstances, the court below held that the defendant committed each of the crimes of this case in collusion with the operator of the above gambling site even though he was held liable for aiding and abetting the defendant, regardless of the fact that he was held liable as a co-principal, the court below erred in the misapprehension of legal principles as to co-principal.

With regard to the calculation of charges for mistake of facts, attached Form 5 of evidence Nos. 5, Nos. 1 through 5, 119,801,500 won in total, which the defendant delivered to progs, for production costs and management expenses5pn, auction distribution and purchase cost of domain name, design entrustment cost, server cost, production cost, and submission of a defense counsel’s written opinion on September 19, 2014.

5. Since it cannot be deemed that the Defendant acquired profits, the lower court erred in calculating the amount of penalty by including the above production costs and management expenses. The lower court’s sentence of unfair sentencing (two years of imprisonment, confiscation, and collection, KRW 294,975,608) is unreasonable.

Judgment

As to the assertion of misapprehension of the legal principles, the joint principal offender under Article 30 of the Criminal Code is jointly committing a crime by two or more persons.