The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

Nos. 8, 8.

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (limited to imprisonment of two years and fine of thirty million won, confiscation, additional collection of KRW 97,821,349) is too unreasonable.

2. Ex officio determination

A. Prior to the Defendant’s judgment on the assertion of unfair sentencing, in a case where an individual criminal act, which is a single comprehensive crime, was committed before and after the amendment of the Act, without any need to compare the seriousness of the statutory punishment of the new and former Act, it is reasonable to impose a comprehensive crime by applying a new law, which is the law at the time of the termination of the crime, as an inclusive crime (see, e.g., Supreme Court Decisions 97Do183, Feb. 24, 1998; 2009Do321, Apr. 9, 2009). In such a case, if the amended provisions of the new law provide that a fine that had not existed before and after the amendment of the new law may be imposed concurrently, in light of the provisions of Article 13(1) of the Constitution and Article 1(1) of the Criminal Act, it shall be deemed that a fine may be imposed concurrently only after the establishment of the amended provisions.

(See Supreme Court Decision 201Do4260 Decided June 10, 2011). B.

The National Sports Promotion Act, amended by Act No. 11309, Feb. 17, 2012 (hereinafter “former National Sports Promotion Act”) provides that “No person, other than the Seoul Olympic Sports Promotion Foundation and the entrusted business entity, shall issue sports betting tickets or engage in similar activities, other than the Seoul Olympic Sports Promotion Foundation and the entrusted business entity, before the amendment of Article 26 of the National Sports Promotion Act (Prohibition of Similar Acts) regarding “the prohibition of similar acts” (hereinafter “the similar act”), and that “no person, other than the Seoul Olympic Sports Promotion Foundation and the entrusted business entity, shall issue sports betting tickets or similar things (including the issuance thereof through information and communications networks) and provide property or property benefits (hereinafter “similar act”) to persons who correctly predicted the result.”