All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In light of the fact that there exists an area unique to the first instance court regarding sentencing determination under the Korean Criminal Procedure Act, and the ex post facto nature of the appellate court, it is reasonable to respect the first instance court’s sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not exceed the reasonable scope of discretion.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

The fact that the defendant recognized the crime of this case in the past when he was in the trial, the fact that he voluntarily returned from abroad to the investigative agency and attended the investigation agency, the victim's children and his neighbors seems to be clearly related to the defendant's social ties, and the fact that there is no particular criminal history other than the three-time fine for this species, etc. are favorable to the defendant.

On the other hand, the crime of this case was committed not only by multiple accomplices' participation in the crime but also by establishing an office in the Philippines to avoid crackdown, by establishing a false corporation (a continuous title company) and opening and using an account in the name of the company, and by pretending the fact about the acquisition of criminal proceeds, etc., which are punished by the operation of the illegal gambling site, and the crime is not good, and the defendant plays an role as a general manager who directs and manages the opening of the gambling site and the opening of the account, and the withdrawal of the money. The crime of this case is committed by denying his own criminal act from the investigation process to the court below after the voluntary appearance, and even after the voluntary appearance of the crime, it goes beyond the responsibility for accomplices even after the reversal of the statement, even though the statement is reversed.