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The judgment below
The part against the Defendants is reversed.
Defendant
A and C shall be punished by imprisonment for one year.
seizure.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective sentence against the Defendants (Defendant A: imprisonment of one year and six months, additional collection of KRW 22,00,000, and Defendant C: Imprisonment of one year and six months, confiscation, additional collection of KRW 47,00,000) is too unreasonable.
2. The crime of this case requires strict punishment since it is highly harmful to the general public, such as impairing the sense of work and promoting speculative spirit, and the Defendants’ acquisition of another’s access media for the management of dividends or revenues, as well as multiple access media that they take over for the management of dividends or revenues, and the Defendants’ acquisition of money is not short of the period of crime, and the amount of money is considerably significant. However, in light of the favorable circumstances, such as the fact that the Defendants are both aware of criminal facts, the fact that the Defendants have no criminal record in the same manner, and the Defendants have paid the full amount of each additional collection charge at the trial, and other circumstances, including the Defendants’ age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment against the Defendants is somewhat unreasonable. Thus, the Defendants’ wrongful assertion of sentencing is justified.
3. Thus, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and it is again decided as follows.
Criminal facts
The summary of the lower judgment’s charges No. 3-A. 3-4 of the lower judgment, except that the phrase “from February 26, 2015 to February 26, 2015” as “from February 26, 2016,” is the same as the corresponding column of the lower judgment, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 50 (1) 1 and Article 48 (1) 2 of the Marina Society Act, Article 30 of the Criminal Act (the prohibition of any act similar to horse racing).