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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant misunderstanding of facts at his request Ma-gu K and her gambling.
L site manager asked a new member, and the above manager does not join the above site, so the address and manager ID of the gambling site (C) of this case, which had already been established as a new member, is known, and thus, it is limited to K and I joined the above site. There was no fact that K and I opened or managed the gambling site of this case in collusion with name-free persons or D, etc.
B. The sentence of the lower court that is unfair in sentencing (two years of imprisonment, additional collection of KRW 3,814,00) is too unreasonable.
2. The Defendant and the defense counsel at the lower court asserted the same purport as the grounds for appeal of this case at the lower court, and the lower court rejected the Defendant’s assertion in detail on the grounds that the Defendant and the defense counsel at the lower court stated the same purport as the grounds for appeal of this case. The lower court, based on the following circumstances acknowledged by the evidence, i.e., the following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by the lower court: (a) even based on the Defendant’s examination conducted in the first instance trial, the Defendant stated that, at the time of receiving information on the address and manager of the instant gambling site from the L site manager, the Defendant distributed a certain portion of profits to the Defendant according to the game results of the members admitted as the recommendation.
In addition to the facts that the defendant made a statement, ② the defendant joined K and I using the above Addi for the purpose of gaining the above profit, and such an act constitutes the recruitment of members of the Gambling site of this case, the above judgment of the court below is correct and it affected the judgment by misunderstanding the facts as alleged by the defendant.