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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (one year of imprisonment, etc.) is too unreasonable.
2. In light of the fact that the act of exchanging game money, such as the instant crime, is highly harmful to society by gambling lawful online games and encouraging excessive gambling among the general public, etc., the Defendant operated money exchange business for a period of two years, and the amount of money exchange is a large amount of at least three billion won, and the Defendant was notified that the amount remaining in the account from the investigative police officer immediately after the instant crime was controlled by the instant case is subject to collection, and thus, the Defendant’s withdrawal of KRW 1,470,000 from the said on June 14, 2012 is subject to collection, there is a need to strictly punish the Defendant.
However, in full view of the fact that the defendant recognized the crime of this case and committed the crime of this case for more than three months, there is no previous conviction in excess of the same kind and fine for the defendant, that the defendant deposits the amount of 11.5 million won, which is the amount equivalent to the above withdrawal in the trial, into the account in the name of the defendant and pays the additional collection charges in good faith in the future, and other various sentencing conditions as shown in the records and arguments, such as the age, happiness and family environment of the defendant, circumstances before and after the crime, etc., the punishment of the court below against the defendant is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act concerning the facts constituting the crime;