The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable as it excessively imposes a fine of 4 million won imposed by the court below on the defendant.

2. In light of the content, frequency, period, etc. of the instant crime, the Defendant’s extenuating circumstances are acknowledged, such as the following: (a) the nature of the instant crime is not less than that of the crime; and (b) the fact that there was a history of having been sentenced to the suspension of indictment for gambling around 2010, and that there was a high possibility of criticism for recidivism.

However, in full view of the following circumstances: (a) the Defendant made a confession of the instant crime and made a statement that his mistake is in depth, and thus, he would not repeat again; (b) the current economic situation is not sufficiently sufficient; (c) the Defendant’s previous convictions due to the instant crime is only one time before and after a fine due to the instant crime; (d) his dependents exist; and (e) the Defendant’s age, character, conduct, intelligence and environment; (e) motive, background, means and consequence of the instant crime; and (e) other circumstances that form the condition for the instant sentencing, such as the Defendant’s motive, circumstance after the instant crime, family relationship, health condition, etc., the Defendant’s argument is somewhat unreasonable, and thus, is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the reasoning of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Article 50 subparagraph 2 of the Korean Racing Association Act, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are “determination on the grounds for appeal” in the part of “determination on the grounds for sentencing” as indicated in the argument of the instant case, including each extenuating circumstance.