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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not less than one year and six months.
Reasons
1. The sentence imposed by the lower court (two years of imprisonment, three years of suspended execution, order of observation of protection, order of community service order 160 hours, additional collection) is too uneased and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
In the trial of the court below, the prosecutor applied for changes in the indictment of violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds (hereinafter "Regulation on Concealment of Criminal Proceeds") to the preliminary charges, and since this court was changed to the subject of the trial, the judgment of the court below is no longer maintained.
However, in addition to the above reasons for reversal of authority, there are grounds for reversal of authority as follows, and this part of the facts charged is examined below.
3. The summary of this part of the facts charged (1) as to the facts charged in violation of the Act on the Regulation of Criminal Proceeds Concealment (1) is as follows: (a) Defendant A’s crime at the Vietnam office from September 17, 2013 to November 28, 2014; (b) opened and operated an O site, which is a gambling site, at the O site office located in the city of Vietnam, from September 17, 2013 to November 28, 2014; and (c) received 14 accounts, such as AG’s bank account (H), from many unspecified members who subscribed to the above site, using Dok’s deposit account for 11,005,011,066 won.
② The Defendant committed a crime in Cambodia’s office operated an O site, which is a gambling space, from the end of November 2014 to February 11, 2016, in the same manner as the preceding paragraph, and received 10 accounts of an AI name bank account (AJ), including an account of 13,958,728,764 won, from many and unspecified members who joined the said website via a gold charging account.
Accordingly, the defendant, in collusion with P, pretended to acquire total amount of 24,963,739,830 won due to the establishment of an gambling space for a serious criminal.
(2) Defendants’.