Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (one year and six months of imprisonment) is too unhued and unfair.

Criminal proceeds 167,536,00 won shall be collected from the operator of the gambling site.

2. Determination

A. According to the records, the court below determined punishment in consideration of various sentencing factors, such as the fact that the money acquired by deception and the money exchanged to operators of gambling sites are considerably high, the fact that the money was punished for the same kind of crime, the fact that the mistakes are divided and reflected, the victims of the fraud have been partially recovered, and the family environment has been taken into account.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the absence of any change in the conditions of sentencing.

C. Also, in light of the overall circumstances shown in the arguments as stated in the arguments, it is determined that the collection of the additional collection to the defendant is contrary to the principle of proportionality, and thus, it is not acceptable.

Therefore, the argument of unfair sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.