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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of one year and two months and the fine of 70 million won) is too unreasonable.
2. The crime related to the establishment and operation of the instant illegal sports gambling site, in which the Defendant participated, is likely to cause considerable social harm to many people by promoting speculative spirit in our society and inducing them to commit gambling and to raise money for gambling, etc.; the establishment and operation of a server in a foreign country; the systematic and planned criminal acts such as operating an office using a borrowed account and managing criminal proceeds; the scale of the money and the operating period of the instant site; and it is not deemed that the degree of the Defendant’s participation, which performed the role of managing local employees in China, cannot be easily deemed to be inappropriate.
However, the degree of the defendant's participation is disputed, but the facts charged in this case are recognized as a substitute, except for those sentenced to a fine for gambling in 2001, and there are no other criminal records, and there are family members to support the defendant, etc., more favorable circumstances such as the balance with accomplices, the defendant's age, character and conduct, environment, circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments of this case, such as the records and arguments of this case, are inappropriate.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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 47 of the National Sports Promotion Act applicable to the crimes;