The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (limited to eight months of imprisonment, confiscation, and collection) of the lower court is too unreasonable.

2. The crime of this case is deemed to be unfair in light of the following factors: (a) the act similar to the horse riding voting, which was conducted by Morse society through the private horse site, is highly likely to be subject to criticism; (b) the period of the crime; (c) the illegal hosting amount; and (d) the amount of profit; (c) the Defendant is in custody for a considerable period of time; and (d) the Defendant is in custody for a considerable period of time to not repeat again; (d) the Defendant has no criminal record for the same kind of crime and has no penal power exceeding the fine; and (e) other various sentencing conditions as shown in the argument of this case, including the Defendant’s age, character and behavior, environment, motive and circumstance after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 50 subparagraph 1 of the Korean Racing Association Act, Article 48 (2) 1 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment, inclusive, with labor and punishment for the crime;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The proviso of Article 56 of the Korean Racing Association Act;