The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and a fine of five million won) is too unreasonable.

2. The Defendant’s liability to commit each of the instant crimes in light of the developments leading up to each of the instant crimes, the amount of damage caused by fraud, the frequency of gambling, and the amount of gambling funds, etc.

Defendant committed each of the crimes of this case during the period of repeated crime resulting from fraud, and has been punished several times due to fraud, etc.

However, the Defendant shows the attitude of recognizing each of the crimes in this case and against his mistake.

The defendant made efforts to recover from damage, such as repaying the amount of damage of KRW 10 million, among the amount of damage.

It does not seem that the crime of fraud by the use of the computer, etc. of this case was committed in a very planned manner.

In addition, considering the defendant's age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime, the sentence of the court below is considered unfair.

3. In conclusion, since the defendant's appeal is reasonable, the part of the judgment below among the judgment below is reversed and it is decided again after the pleading as follows pursuant to Article 364 (6) of the Criminal Procedure Act.

【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as the description of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 347-2 of the Criminal Act and Article 246 (1) of the Criminal Act for the crime (the point of fraud by use of computers, etc. and the choice of fines)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the provisional payment order shall be determined as ordered in consideration of the various circumstances as seen earlier.