All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal is unreasonable because each of the following punishments imposed by the court below to the Defendants are too large.

① Crimes No. 1, 2, and 3 as indicated in the judgment of the Defendant A: A crime set forth in subparagraph 3(b) as indicated in the judgment of the Defendant: Imprisonment with prison labor for six months and a penalty of KRW 190,650,230 shall be additionally collected in the amount of KRW 28,00,000,000, which is subject to suspended sentence for six months, (2) imprisonment with prison labor for six months; and (3) a penalty of KRW 4,00,000 shall be additionally collected in

2. Determination

A. The judgment of the court below against Defendant A shall take into account the following circumstances: (a) the crime of opening an illegal Internet gambling site is likely to undermine the general public’s sound sense of work and encourage speculative spirit; (b) there is a great social harm; (c) the Defendant committed the crime of this case under the lead of the Defendant; (d) the Defendant committed the crime of this case even though the investigation and trial on the previous criminal records in the judgment was in progress; (e) the period of the crime is considerably long; and (e) the Defendant has a number of criminal records punished by imprisonment, suspension of execution, and fine; and (e) the crime described in Articles 1, 2 and 3-A of the judgment of the court below should take into account the equity between the criminal records in the judgment of the court below in the concurrent relationship with the criminal records in the latter part of Article 37 of the Criminal Act; and (e) if the sentence on the crime described in subparagraph 3-b of the judgment of the court below becomes final and conclusive, imprisonment with prison labor for which the suspended execution judgment of the previous criminal records should be imposed as well, and more favorable for the Defendant.

In full view of the fact that there is no change of circumstances in the sentencing of the lower court, other than the current and unfavorable circumstances taken into account by the lower court, and all other conditions of sentencing, including the Defendant’s age, sex, environment, background leading up to the commission of the crime, means and consequence, scale of the crime, and circumstances after the crime, the lower court’s judgment of sentencing cannot be deemed unfair to have exceeded or maintain the reasonable limit of discretion (see Supreme Court Decision 2008Da1548, May