The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal (misunderstanding the Act and improper sentencing);

A. misunderstanding the legal principles, E and D’s act does not constitute a similar act under Article 26(1) of the National Sports Promotion Act, and does not constitute an act of opening gambling space under Article 247 of the Criminal Act, and the principal offender’s punishment is not finalized. Thus, the Defendant aided and abetted the act of opening the above E and D’s sports promotion and gambling space.

It can not be seen that the defendant delivered a passbook to E, which is an access medium.

Even if so, it was known that this would be used for committing the crime.

Because there is no room to see, there is no room to recognize the charge of violation of the Electronic Financial Transactions Act.

(b) Punishment sentenced to the first instance court unfair sentencing (two years of suspension of execution, observation of protection, community service, 160 hours of imprisonment for one year);

2. Determination

A. Determination of the misapprehension of the legal doctrine as to the assertion of misapprehension of the legal doctrine (1) Whether the crime of aiding and abetting the violation of the National Sports Promotion Act (A) is established, or Article 26(1) of the National Sports Promotion Act provides property or property benefits (hereinafter “similar act”) to a person, other than an entrusted business entity, who issued (including the issuance through an information and communications network) the right to vote for sports promotion or others similar thereto and issued (hereinafter “similar act”).

Article 47 subparagraph 2 of the same Act provides that a person who violates this Act shall be punished.

In order to introduce a business that issues sports promotion voting rights, the prohibition of “a similar act” and the penal provision were newly established along with the provision that “the Seoul Olympic Sports Promotion Act may carry on a business that issues sports promotion voting rights,” as amended by Act No. 6013 on August 31, 199.”

In full view of the contents of the provisions of the National Sports Promotion Act, the prohibition of “a similar act”, the details of the establishment of the punishment provision, and the legislative intent of the National Sports Promotion Act.