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The judgment below
All parts of the defendant A and E shall be reversed.
Defendant
A shall be sentenced to ten months of imprisonment, and Defendant E.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendants (Defendant A: 1.6 months of imprisonment; 50,000 won of additional collection; 50,000 won of imprisonment; 3 years of probation; 120 hours of community service; 35,50,000 won of additional collection; 2 years of probation; 15.9 million won; 1.6 months of imprisonment; 5 million won of additional collection; 5 million won of imprisonment; 2 years of probation; 5 million won of additional collection in six months; 2 years of probation; 6 months of imprisonment; 6 months of additional collection; 5 million won in additional collection; 5 million won in additional collection; and 5 million won in additional collection in one year and 6 months) are too unfeasible.
B. The sentence imposed by the lower court against the Defendants A and E is too unreasonable.
2. Determination
A. As to Defendant A and E, the crime of operating an illegal sports soil site, such as this case, requires a strict punishment of social harm, such as promoting the gambling spirit of the general public and undermining sound labor awareness. The crime of this case was committed systematically and closely in accordance with a strict plan, and the crime of this case was committed on the above site, which was very large in the amount of money collected from users, and the Defendants play a key role, such as overall management of promotion team employees at Vietnam, and Defendant A is subject to criminal punishment from 2008 to 2010, including the fact that he/she was sentenced to three times as a crime of engaging in false securities or suspended execution.
On the other hand, the Defendants participated on the instant illegal sports soil site from March 27, 2014 to January 25, 2016) during the entire period of the instant crime (from March 27, 2014 to January 25, 2016) and the period of participation is considerably shorter than two months. Accordingly, the Defendants are liable only for the crime after their participation, and the amount of money according to the participation period is much less than the total amount of money (as much as 10%) compared to the total amount of money (as much as 10%), and the Defendants are aware of and against their mistake.