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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding: (a) the Defendant did not have joined the gambling site called “B”; and (b) transferred KRW 35,921,000 to a financial account in the name of (i) whether he/she is dead, (ii) whether he/she is dead, (iii) he/she is dead, or (iv) he/she is ppuri (hereinafter “each of the instant financial accounts”) from September 27, 2015 to October 29 of the same year as indicated in the facts charged in the instant case; (b) however, the Defendant sent KRW 35,921,00 as an investment bond, not for exchange of game money.
The judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous.
B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.
2. Determination
A. The following facts or circumstances acknowledged by the evidence duly adopted and investigated by the court below at the court below as follows: (i) the defendant remitted 35,921,000 won to the financial account of this case as stated in the facts charged; (ii) each of the financial accounts of this case was used as the account received from members in gambling site “B”; and (iii) the defendant alleged that he remitted the above money to the account received as equity investment; (iv) the defendant is unable to submit any data on the details of specific investment, the developments leading up to the investment, the profit or loss of the investment, the profit or loss, and the return of principal; and (iv) the defendant has repeatedly forwarded the amount of KRW 20,000 through KRW 3 million at intervals of less than one hour at the time when he remitted to each of the financial accounts of this case at night. In full view of the facts that it is difficult to view it as the remittance time, amount, and the share investment figures of this defendant; and (v) the defendant's assertion that he was gambling as stated in the court below's reasoning.
B. The Criminal Litigation Act, which takes the principle of improper trial-orientedness and directness in sentencing, has the unique area of the first deliberation as to the determination of sentencing.