The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is not a general manager of the organization operating the instant Internet gambling site, but merely worked as an employee, and the economic profit accrued from the instant crime is merely KRW 160 million.

B. The punishment of the first instance court on the unfair sentencing (one hundred months of imprisonment, additional collection of KRW 480,1880,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts, the Defendant’s overall sales of the organization operating the “C” Internet gambling site may be fully admitted as indicated in the judgment of the first instance court, and the amount of approximately KRW 488,180,000,000 should be earned.

It is difficult to believe that W’s statement by the witness of the party in question is in trust.

The defendant's assertion of mistake is without merit.

① The Defendant acknowledged the facts charged at the court of first instance at the prosecution, and even after being investigated by the prosecution, was in charge of the principal director of the organization operating the “C” Internet gambling site, and was in charge of overall management of the headquarters by managing the store and transmitting the settlement money between the headquarters and the store. In return, the Defendant stated that he/she acquired the bill of approximately 2,902,926 ( approximately 481,885,716 won in Chinese currency) from the account in X to the account in the name of X, thereby recognizing the entire facts charged.

② The Defendant asserted that “Y” was a person in charge of the Plaintiff’s total market and brought 2/3 of the profits in cash, and did not submit any personal information, such as the name of “Y”, or any data on payment of profits.

③ After being investigated by a Chinese investigative agency in connection with the instant case, O, P, and Q worked as an employee in the class of teaching notes, the Defendant stated that the Defendant acquired the profits by receiving the remittance of the profits to the accounts in X’s name while operating the class of teaching notes.

B. On the assertion of unfair sentencing, the operation of the Internet gambling site is a speculative spirit for the general public.