beta
Text
The judgment below
All parts of the defendant A, F, and G shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and eight months.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below against the above Defendants A and B (Defendant A: 1 year of imprisonment, and Defendant B: 8 months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence sentenced to Defendant A, B, F, and G (Defendant F, and G: fine of one million won for each of them) is too uneased and unreasonable.
2. Determination
A. Defendant A recognized each of the instant offenses and against his mistake, Defendant A is not the final beneficiary of the actual operator’s interest of the instant illegal sports gambling site, and transferred money between accounts for money laundering. It is recognized that the actual gambling size appears to be less than the remittance size stated in the facts charged, and that Defendant A returned from Malaysia to the Republic of Korea and voluntarily surrenders.
However, each of the crimes of this case committed by Defendant A in collusion with other persons to operate an illegal sports gambling site to provide property and property benefits, and at the same time, to establish a gambling site for profit-making purposes, 23 borrowed accounts to receive money from other persons, and to conceal criminal proceeds by receiving money from borrowed accounts. The degree of gambling scale (a total of 3.4 billion won) and the amount of criminal proceeds acquired by Defendant A and his accomplice through such act, the degree of criminal proceeds acquired by Defendant A and his accomplices, and the method of systematic and planned criminal acts, such as the purchase of a large number of borrowed accounts in Korea to avoid the awareness of crime, etc. In particular, from the time when the first illegal sports gambling site was established in case of Defendant A, it appears that Defendant A participated in the crime of this case from the time when the first illegal sports gambling site was established, and the period of the crime is considerably longer than two years and it also important in the operation of the above sports gambling site.