The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of two years and fine of 90 million won, and Defendant B shall be punished by imprisonment with prison labor of 10 months and fine.

1. Summary of grounds for appeal;

A. The Defendants’ respective sentences (Defendant A: imprisonment of 2 years and 6 months and fine of 90 million won, confiscation, Defendant B: imprisonment of 10 months, suspended sentence of 2 years, fine of 30 million won, probation, community service order of 120 hours, confiscation) are too unreasonable.

B. The lower court’s sentence against Defendant B of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal of ex officio, and the prosecutor filed an application for changes in indictment with the court below among the facts charged in the instant case (the judgment written in multiple times) as stated in paragraphs 2 and 3 above. This court permitted this part of the facts charged against the Defendants, and this part of the facts charged against the Defendants is changed. Since the court below deemed the remainder of the facts charged against the Defendants as concurrent crimes under the former part of Article 37(1) of the Criminal Act and sentenced each sentence, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants and the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is reversed and it is again decided as follows.

[Dao-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows, and the part of the facts constituting an offense of the court below against the Defendants is modified as follows, and except for addition of the annexed crime list (5) as stated in each corresponding column of the court below. Thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act

- - Future -

1. The part of paragraph (1) of Article 1 of the judgment of the court below by Defendant A

A. From April 15, 2015 to August 3, 2015, the Defendant, in collusion with the total liability on his/her name in violation of the Korean Racing Association Act due to the distribution of the private horse ticket issuance system, e.g., harmony between the Defendant and the total liability on his/her name.