Defendant

1. A. The judgment below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for two years and by a fine of eight million won.

The defendant above.

1. Summary of grounds for appeal;

A. The Defendants’ respective sentencing division (one year and six months of imprisonment with prison labor for Defendant A and eight million won of fine for Defendant A, and two years and six months of imprisonment with prison labor for Defendant B and three million won of fine for Defendant B)

B. The lower court’s failure to impose a surcharge on the Defendants is unlawful, and the lower court’s sentence against the Defendants is unreasonable, as it is unreasonable.

2. Determination

A. 1) As to the allegation of illegality in omission of collection by the prosecutor, the prosecutor first brought an indictment against the defendant A by applying the applicable provisions to the facts charged that "T, in collusion with the defendant Eul, operated the sports territory gambling site (U, etc.) under the name of "T" (Article 47 subparagraph 2 and Article 26 (1) of the National Sports Promotion Act and Article 30 of the Criminal Act). The prosecutor charged the defendant with an additional charge of 6.8 million won, which the prosecutor tried against the above defendant at the court below, and the amount of 6.8 million won, which the defendant received by participating in the operation of the "T" gambling site from April 1, 2014 to July 31, 2014 (Article 170 million won x 4 months x 90 months) (see the evidence list No. 90 report in the court below's judgment).

In the same content, each of the applicable provisions of the National Sports Promotion Act was amended to "Article 49 subparagraph 1 and Article 26 (2) subparagraph 3 of the National Sports Promotion Act", and the lower court convicted the changed charges after permission.

Property acquired by a person punished pursuant to Article 47 subparagraph 2 of the National Sports Promotion Act through similar acts, such as instruments, devices, etc. owned or held by him/her to engage in similar acts (paragraph (1)), and property under subparagraphs 1 and 2 of Article 47 and subparagraphs 1 and 2 of Article 48 shall be confiscated (paragraph (2)), and where it is impossible to confiscate goods and property under paragraphs (1) and (2) or where he/she has acquired financial benefits, the value equivalent thereto shall be additionally collected.

Sub-paragraph 3.