The judgment of the court below is reversed.

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

45,000,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the Defendant did not have participated in the instant crime, and that the sum of the amount of the commission resulting from the instant crime is large, strict punishment against the Defendant is necessary.

However, considering the following factors: (a) the Defendant’s mistake is divided by the Defendant; (b) the Defendant did not have any previous conviction; (c) the Defendant paid the full amount of the surcharge when the Defendant was in the first instance trial; and (d) the Defendant’s age, sex and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable; (d) the Defendant’s above assertion is reasonable; and the

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 47 subparagraph 2 of the relevant Act on the Promotion of National Sports of the Republic of Korea, Article 26 (1) of the same Act, Article 30 of the Criminal Act (including the violation of prohibition of similar acts due to the issuance of objects recommended for the promotion of sports, including the violation of prohibition of similar acts due to the issuance of such objects), Articles 247 and 30 of the Criminal Act (including the establishment of gambling spaces, including the establishment of gambling spaces);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 48 (2) and 48 (1) 2 of the Criminal Act for collection of corresponding value;