Text
The judgment below
Defendant A, B, and C among them shall be reversed.
Defendant
A Imprisonment for three years, and Defendant B for one year and six months.
Reasons
1. Summary of grounds for appeal;
A. The lower court ordered Defendant A to collect KRW 753,528,410 from the Defendant and to collect KRW 753,528,410.
However, Defendant A divided profits related to Section 1 (hereinafter “instant gambling-related crime”) of the facts stated in the judgment below with H. and 1/2. As such, Defendant A’s additional collection charge against Defendant A related to the instant crime amounting to KRW 752,528,410 (= gains KRW 863,536,410 – KRW 11,008,000), which is 1/2,264,205, which is 377,264,205, and the additional collection charge related to narcotics, should be imposed against Defendant A plus KRW 1,00,000.
2) Defendant B served as a member of the instant facts charged by Defendant B’s act of attracting a large number of unspecified people through publicity of the said site by using the “telphone” and the computer, etc.
However, Defendant B did not attract its members by publicizing the above site to many unspecified people, but only called for the use of a coophone issued by the head office for the management of the members already joined.
In addition, Defendant B engaged in a work related to the instant gambling site from August 24, 2015 to August 24, 2016.
However, Defendant B did not participate in the criminal facts listed in No. 1, No. 25 through No. 28 of the annexed crime list (hereinafter “the annexed crime list”) in the judgment of the court below excluding the time when the instant crime was committed in Yeonsu-gu Incheon, and the remaining criminal facts listed in the annexed crime No. 2 through No. 24 were committed in the role of Defendant A’s personal secret, such as driving for Defendant A or withdrawing money. Thus, Defendant B should be acquitted as to the annexed crime No. 1 through No. 28 of the annexed crime list.
(iii)..