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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.
2. Before the judgment on the grounds of appeal, the prosecutor examined the facts charged in this case ex officio, and the prosecutor applied for changes in the indictment of this case as stated in the facts charged in the judgment of this case (the number of the defendants' gamblings and the reduction of gambling amount). Since this court permitted this, the judgment of the court below cannot be maintained as they were.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the above unfair sentencing argument by the defendant, and the judgment below is reversed, and it is again decided as follows.
[Grounds for a new judgment] The Defendant is a member who has joined the illegal sports gambling site (D, E, etc.) operated by B (Detention on July 25, 2016) etc.
On April 15, 2014, the Defendant deposited KRW 500,000 from the Saemaul Depository’s account (F) account in the name of the Defendant, “C” site operation account, and deposited KRW 500,000 from September 19, 2013 to January 25, 2016, as shown in the list of crimes in the attached Table, deposited KRW 114,520,000 over 324 times as shown in the list of crimes.
After that, the Defendant visited the above site by using cell phones, computers, etc., and then predicted the result of the “private bridge game” in the way of receiving dividends from domestic and foreign sports games, such as sports games, such as the following: (a) 5,00 won to 1,000,000 won; and (b) stuffed in the way of losing the same according to the actual game (game) or receiving a refund of cyber money in accordance with the set distribution rate.
Summary of Evidence
1. The defendant's oral statement in court;
1. An investigation report (with respect to the integrated analysis of accounts and the specification of gambling amount);
1. Site.