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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence of the court below against the defendant (the fine of KRW 10 million, confiscation, and collection) is too unreasonable.
2. A favorable circumstance such as the fact that the defendant recognized the crime of this case, the defendant's business period related to the crime of this case is not long, the defendant has no record of identical crimes, there is no family to support the defendant, while there seems to be a good economic situation. However, the social harm of the crime of this case related to the operation of the illegal game of this case is serious, the defendant does not have a small size of the game of this case, the defendant provided the game of this case for the use of the game of this case, and was engaged in exchange business for the result of the game of this case, and there is no special circumstance or circumstance that may be newly considered in sentencing after the decision of the court below, and other circumstances that are considered newly after the decision of the court below, such as the defendant's character and behavior, environment, motive and means of the crime of this case, and circumstances after the crime of this case, etc., the punishment of the court below against the defendant is proper
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
[However, in light of the nature of evidence Nos. 1 through 7 and the purport of the Supreme Court Decision No. 2009Do13435 Decided April 29, 2010, it is apparent that "Article 48 (1) 1 and 2 of the Criminal Act" has been omitted in the legal column applicable to confiscation among the "application of statutes" of the judgment of the court below. Thus, it is corrected to add it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.