The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. The lower court sentenced the above punishment by taking account of the circumstances favorable to the fact that the instant crime was committed in a professional and planned manner, such as setting up an office in the Republic of Korea or a foreign country and directly producing and establishing a sports gambling site by using a computer and other facilities, etc., and that the nature of the crime is bad, such as creating and establishing a sports gambling site, etc., the Defendant’s mistake and resistance, the degree of participation in the crime was weak, the degree of participation in the crime, and the fact that the final gain seems to be almost little, respectively.

In addition to the circumstances considered by the court below, the fact that the defendant has been sentenced to a fine for the same kind of crime shall be considered disadvantageous to the defendant.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.