The prosecutor's appeal is dismissed.

1. The punishment of a fine of KRW 5 million sentenced by the original judgment on the summary of the grounds for appeal is too unfasible and unreasonable.

2. The judgment of the court below cannot be deemed to be less than that of gambling, such as gambling and gambling more than KRW 400 million in total over about one year and two months at the private sports gambling site as stated in the judgment below. However, considering the fact that recently illegal sports gambling sites are committing the crime of this case, the fact that the principal cause of the crime of this case was caused, that the defendant took the attitude of recognizing and opposing the defendant's mistake, that the defendant has no criminal power, and that there is no other criminal history against the defendant, and that the punishment of the court below is within the proper scope of discretion of sentencing, considering the overall circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.