The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

1. Summary of grounds for appeal;

A. The defendant's assertion that the court below's punishment (two years of imprisonment, a fine of ten million won, confiscation) imposed on the defendant is too unreasonable.

B. Prosecutor’s assertion 1) In full view of the fact that the period of gambling by the Defendant’s gambling and misapprehension of legal principles has reached five months, and the number of gambling times is up to 8.25 times, the amount of gambling exceeds one billion won, and the Defendant received medical treatment for gambling addiction, etc., the lower court did not recognize it and acquitted the Defendant, but did not err in matters of misunderstanding of facts as to habitual gambling and misunderstanding of legal principles as to the habitual nature in the crime of gambling. 2) The above sentence imposed by the lower court on the Defendant of unfair sentencing is too unreasonable.

In addition, as long as gambling is recognized habitually, 215,890,000 won should be collected from money exchange in accordance with the Act on Regulation and Punishment of Criminal Proceeds Concealment.

2. Judgment on the prosecutor's assertion of mistake of facts

A. On the grounds stated in its reasoning, the lower court determined that the sole evidence submitted by the prosecutor alone was insufficient to recognize the Defendant as having a habit of gambling.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the Defendant easily accessed gambling at any time during the daily life by accessing the illegal Internet gambling site using mobile phones, ② the Defendant’s crime period is at least five months, ② the Defendant’s gambling period is at least 825 times per day, and the number of gambling is at least 825 times per day, ③ the amount of money used for gambling exceeds KRW 1 billion, ④ the Defendant was granted a loan under a personal name to raise a large amount of money, and further prevented the Defendant from committing a crime of embezzlementing public funds.