The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended sentence for six months of imprisonment, two years of probation, and one hundred and twenty hours of community service order) is too unreasonable.

2. The crime of operating a private gambling site is an unfavorable circumstance to the Defendant that requires severe punishment, such as encouraging a speculative spirit to many unspecified persons and undermining their desire to work.

However, taking into account the favorable circumstances, such as the fact that the Defendant recognized and reflected the instant crime, the degree of simple participation as an employee, and the short period of time, and taking into account the equity of sentencing with the same kind of crime, and the age, sex, environment, motive or circumstance of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 47 Subparag. 2 and Article 26(1) of the National Sports Promotion Act, Article 30 of the Criminal Act (a point of view in similar sports territory), Article 247 of the Criminal Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act (a point of view in the place of gambling) concerning the facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined as set forth in the Disposition for the same reasons as seen in the judgment on the above reasons for appeal.