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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and six months, Defendant B's imprisonment with prison labor of one year and two months, and Defendant C.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (two years of imprisonment, confiscation, and collection) on Defendant A is too unreasonable.
B. Defendant B (1) In fact mistake and misunderstanding of legal principles, KRW 1 million deposited in the account under the name of the Defendant by AL Co., Ltd. (hereinafter “AL”) on October 13, 2017 is not an advertising cost for the gambling site, but not an advertising cost for the gambling site. Thus, the crime up to 1-11 times per annum of the crime sight table 1 is irrelevant to the Defendant.
Therefore, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (a year and six months of imprisonment, confiscation, and collection) is too unreasonable.
(c)
Defendant
C1) misunderstanding of the facts and misapprehension of the legal principles, the Defendant merely provided some help by posting the web to operate the instant J site from May 14, 2018 to the arrest of the remaining Defendants, and did not operate the instant J site in collusion with the other Defendants.
Defendant’s 2,049,000 won received from A from January 3, 2018 to May 14, 2018 is not money received in return for the operation of the site of lending money to A.
Therefore, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment, confiscation, and collection) is too unreasonable.
2. Judgment on Defendant B’s misunderstanding of facts and misapprehension of legal principles
A. A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or an entrusted business entity may not engage in an act of offering property or property benefits (hereinafter “similar act”) to those who win the result by issuing sports promotion voting rights or things similar thereto, and anyone shall be the same.