The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

5,835,00 won shall be additionally collected from the defendant.

1. The sentence of the court below (the penalty of October, 5,835,000 won) is too unreasonable in light of the overall sentencing conditions in light of the summary of the grounds for appeal.

2. Ex officio determination of ex officio, the crime of gambling and the crime of gambling opening under Article 247 of the Criminal Act, if a gambling was opened for the purpose of profit-making, remains long from the beginning of gambling, and the crime of violation of the Act on the Promotion of Game Industry by arranging the exchange of the outcome obtained in the crime of gambling and game, and the crime of violation of the Act on the Promotion of Game Industry by providing speculative acts using game products, shall not be regarded as one act, and it shall not be regarded as a commercial competition relationship, but as a substantive competition relationship.

(See Supreme Court Decision 2010Do4639 Decided June 24, 2010, etc.). Nevertheless, the court below dealt with a violation of the Game Industry Promotion Act and a crime of gambling opening due to the provision of speculative acts using game products as an ordinary concurrent crime. In this regard, the court below erred by misapprehending the legal principles on the number of crimes, thereby affecting the conclusion of the judgment, and thus, the judgment of the court below was no longer able to maintain it.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding column of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article on criminal facts, Article 44 (1) 1, and Article 28 subparagraph 2 of the Promotion of the Game Industry Act, Article 30 of the Criminal Act, Article 44 (1) 2, and Article 32 (1) 7 of the Promotion of respective Game Industry Act, the Criminal Act