The defendant's appeal is dismissed.

1. In light of all the circumstances, including the fact that the defendant is against the gist of the grounds for appeal and that there is no record of the same kind of crime, the punishment (one year of imprisonment, two years of suspended execution, two years of probation, and 80 hours of community service) imposed by the court below is too unreasonable.

2. It is recognized that there is no record of punishment for the same crime, except for the suspended execution once a fine is imposed, since the defendant was aware that he/she was aware of and reflected in committing a crime, once a suspended execution due to another type of crime, and once a fine is imposed.

However, from April 22, 2008 to November 24, 2008, the crime of this case opened a gambling site called "J" on which the Defendant used large numbers of 2,09,359,905 won or less in the Philippines and publicizing gambling site by sending daily newspapers, cell phone text messages and e-mail to unspecified Korean people, etc., and had gambling visitors access the above gambling site receive gambling money to five books of account and charge them for gambling games according to the result of the winning, and then, the Defendant received 2,092 won in total through 446,359,905 won, 229,53,644 won through 473, 200, and 300,000 won from the above online money exchange account for the purpose of opening and managing the above gambling site, and without having opened the above online money exchange account with the purpose of opening the money exchange account with the purpose of opening it from the above online money exchange account to 1,300,000 won.