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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the portion of additional collection as stated in the judgment of the court below, although the defendant received and possessed in cash the money of KRW 10 million lent on the day of the instant case, the defendant used it as gambling fund of KRW 3 million among them, and the remaining KRW 7 million was continued to have been deposited in the bank, but it was irrelevant to gambling, but the court below erred by misapprehending the fact that the amount of KRW 10 million was collected from the defendant and thereby affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court (7 million won in penalty) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, namely, the gambling of this case, when the amount of money was less than KRW 200,000,000, and KRW 300,000,000 from KRW 2,000,000, and KRW 2,000,000, more than 80,000,000,000, more than 80,000,0000, more than 10,000,000,000 won, was carried out by the investigative agency.
In full view of the fact that the Defendant stated, the fact that there is no particular material to support the Defendant’s defense, etc., the Defendant was in possession.
It is reasonable to view that all of the KRW 10 million constitutes money that was provided or intended to be provided for gambling.
Therefore, the defendant's assertion of facts is without merit.
B. As to the unlawful assertion of sentencing, the crime of this case is deemed to have a relation between the crime of violation of the Automobile Management Act and the latter part of Article 37 of the Criminal Act, but the defendant has been punished by a fine of KRW 5 million for the crime of habitual gambling in 2010, a fine of KRW 1 million for the crime of gambling in 201, a fine of KRW 10 million for the crime of habitual gambling in 201, and a fine of KRW 10 million for the crime of gambling in 201, a large amount of the gambling in this case, and all other conditions of sentencing as shown in the records of this case, such as the defendant's age and sexual intercourse.