The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

The Seoul Central District Prosecutors' Office.

1. Summary of grounds for appeal;

A. Defendant 1) 1 misunderstanding of facts and misunderstanding of legal principles as to ① the Defendant’s “K” (JJ), “L” (hereinafter “K”) and “L” as well as “instant gambling site.”

(2) In the instant gambling site, the Plaintiff provided funds to B without involvement in the operation, etc., and only owned the shares of the instant gambling site. The actual operation of the instant gambling site, such as employee management and exchange, etc., was conducted solely by B, and ② the Defendant received approximately KRW 700 million out of the total income of the instant gambling site, and thus, the sole profit accrued from the instant gambling site is limited to KRW 700 million, and ③ U withdraws cash and delivered it to a person operating other gambling sites, such as AI, other than AI. As such, the amount of account indicated in Table 2 is deemed as “AJ account” (hereinafter referred to as “AJ account”).

(4) The court below held that the AJ account is a revenue management account of the instant gambling site, or that the account indicated in Table 2 of the crime committed at the time of original adjudication is not a gold deposit account of the instant gambling site, and that the Defendant and B shall jointly collect 1.5 billion won of the total revenue acquired by the Defendant and B with respect to the instant gambling site. Nevertheless, the court below held that the Defendant is a actual joint operator of the instant gambling site, and that the Defendant’s sole profit is 1.5 billion won of the total revenue of the instant gambling site, and that the AJ account is a revenue management account of the instant gambling site, and that the 2nd of the crime committed at the time of original adjudication, and that the 2nd of the BJ account is a gold deposit account of the instant gambling site, and that the Defendant’s money is confiscated (the Seoul District Prosecutors’ Office No. 20180, Dec. 29, 2009).