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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. Summary of grounds for appeal;
A. In determining facts, the Defendant only carried out the incidental business activities, such as withdrawing money from a passbook under the direction of Q Q, or cutting off airline tickets to other accomplices, etc., and did not constitute a person who is overall responsible for the operation of the instant gambling site, profit management, etc., even though he did not engage in the operation of the gambling site as stated in the facts charged (hereinafter “instant gambling site”). The lower court recognized the Defendant as a person overall responsible for the instant gambling site. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (two years of imprisonment, confiscation) is too unreasonable.
2. Determination
A. We examine the argument of misunderstanding of facts. Further to the circumstances properly explained by the court below, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, i.e., the defendant seems to have no particular revenue source other than the proceeds from the operation of the instant gambling site. The amount claimed by the defendant to be deposited into the personal cost of living (the amount of KRW 45,20,000,000,000,000,000) is deemed to be merely the deposit of the money deposited in the said W bank account, other than the said W bank account, out of the proceeds from the operation of the instant gambling site, from among the proceeds from the operation of the said gambling site, the amount of money deposited by the defendant to be deposited in the said W bank account. ② The accomplices related to the instant gambling site worked at the office in the Philippines and participated in the crime. At the time of the payment of monthly wages to the above accomplices, etc., other than the defendant's participation in the use of the proceeds through the instant gambling site.