The judgment below

The part against the defendant shall be reversed.

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

Seized No. 1.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles, the Defendant lent virtual accounts to the operating staff of the Internet sports entertainment site, such as C, and there was no subjective co-processing intent and objective functional control over the crime of gambling for those who have not received name cards, such as C, without any subjective co-processing intent and objective functional control. Thus, even though there is room for assessing the Defendant’s act as aiding and abetting, it is difficult to view it as the principal offender’s act

Therefore, the judgment of the court below is erroneous by misapprehending the legal principles as to the requirements for establishment of joint principal offender or by mistake.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts or misapprehension of legal doctrine, it is reasonable to view that the Defendant, with the intent to jointly process the crime of untitled names, such as C, the principal offender in the operation of the instant sports earth site, was functionally shared with the establishment of gambling spaces by providing them with virtual accounts.

Therefore, this part of the defendant's assertion is rejected.

① The Defendant did not merely lent an account to the gambling site operator, but rather performed the role of providing the gambling fund to the account and receiving the gambling fund from the operating staff to the account designated by him/her, or withdrawing cash and directly delivering it to the designated person at the designated place. The Defendant continued to contact with the gambling site operator and performed an essential role in operating the gambling fund.

(2) The defendant created promotional materials that lend virtual accounts and posted them on the Internet, and access the gambling site customer center before providing an account number to the gambling site operator.