The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 6 million) against the Defendant is too uneased and unreasonable.

2. We examine ex officio the grounds for appeal by the prosecutor ex officio before determining the grounds for appeal.

Article 48 Subparag. 3 and Article 26(1) of the National Sports Promotion Act punish a person who plays for gambling using an act of providing property or property benefits to a person who has correctly predicted the result by issuing (including issuing through an information and communications network) sports promotion voting rights or things similar thereto by a person who is not an entrusted business entity (Article 246(2) and (1) of the Criminal Act). In the end, the crime of habitual gambling is punishable by a person who habitually commits gambling (Article 246(2) and (1) of the Criminal Act). Ultimately, in the instant case, the Defendant’s “gambling” constitutes a case where a single act of “gambling” actually satisfies the requirements of two composition. Thus, the crime of violation of the National Sports Promotion Act and habitual gambling should be deemed as a case of ordinary competition.

Nevertheless, the court below deemed that the crime of habitual gambling and the crime of habitual gambling are in a substantive concurrent relationship with the crime of violation of the National Sports Promotion Act, and committed an unlawful act of treating such crime as concurrent crimes, and affected the judgment.

Therefore, the judgment of the court below can no longer be maintained.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 48 Subparag. 3 and Article 26 Subparag. 1 of the Act on the Promotion of National Sports (as a whole, the use of similar voting rights for sports promotion.