The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment with prison labor for not less than ten months.

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 1 year, confiscation, and 2: imprisonment with prison labor for 4 months) by the court below is too unreasonable.

2. The judgment of the court below, after examining the case ex officio, shall be sentenced to the defendant, and the defendant filed an appeal against the judgment of the court of first and second instances, and this court decided to hold concurrent hearings. Each of the crimes of the court of first and second instances in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should be sentenced to a single sentence that does not change disadvantages to the defendant within the period of punishment subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below which sentenced each of the defendants to the punishment cannot be maintained in this point.

3. Accordingly, the judgment of the court below is reversed among the judgment of the court of first instance pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below on the defendant is reversed, and the judgment of the court of second instance is reversed, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding part of each judgment of the court below.

Application of Statutes

1. Article 48 Subparag. 2 of the National Sports Promotion Act, Articles 26(2)1 of the National Sports Promotion Act, Article 30 of the Criminal Act, Articles 53 and 26 of the former National Sports Promotion Act (amended by Act No. 11309, Feb. 17, 2012); Article 32(1) of the Criminal Act (amended by Act No. 11309, Feb. 17, 201); and Article 32(1) of the Criminal Act (aided and abetting the issuance of sports betting tickets or similar acts: Provided, That the part of the case in question is added to Article 30 of the Criminal Act).