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The judgment below
The part against the Defendants is reversed.
Defendant
F shall be fined 3,00,000, Defendant K shall be punished.
Reasons
1. The summary of the grounds for appeal by the lower court (Defendant F: fine of KRW 3 million, confiscation, and confiscation; fine of KRW 2 million, and confiscation) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, according to the evidence duly adopted and examined by the court below, the police arrested the Defendants as the current offender on March 24, 2015, and seized 30,000 won of the check (No. 4), 30,000 won in front of the check (No. 5) and 30,000 won in front of the Defendant K, and 30,000 won in front of the check (No. 14), 10,000 won in front of the Plaintiff’s appeal. Defendant F received 30,000 won from the co-defendant of the court below in consideration of the day on which he was arrested as the current offender on the same day.
However, even if the record of this case is examined in detail, there is no evidence to acknowledge that Defendant F received more than KRW 100,000 in addition to cash 30,000 in return for the kitchen day, or that Defendant K received the consideration for the provision of drinking water to the participants in gambling, such as “other 500,000,” and otherwise, there is no evidence to deem that Defendant F was a check (Tgu Bank No. 5) and three copies of only 10,000 won in front of the check (Tgu Bank) held by Defendant F and three copies of only 14 (No. 14), one 1,000 won in front of the check held by Defendant K (Evidence No. 155), one 15,000 won in front of the check held by Defendant K (Evidence No. 15), which was provided or intended to be provided for a criminal act, or goods produced or acquired as a result of the criminal act, or goods acquired as
In doing so, the court below committed an error against Defendant F in forfeiture of one copy of the check (Tgu Bank No. 5), one copy of the check (Tgu Bank No. 5), three copies (Evidence No. 14), three copies (Evidence No. 14), and two copies (Evidence No. 15), one thousand won per day to Defendant K. In this regard, the part against the Defendants in the judgment of the court below is no longer maintained.
3. Accordingly, the part of the lower judgment against the Defendants is reversed.