The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. On August 27, 2015, the defendant was sentenced to imprisonment with prison labor for six months in the Changwon District Court for fraud and committed the crime of this case during the grace period of two years, and there are extenuating circumstances against the defendant, such as that the defendant had been sentenced to seven times or more due to the crime of opening gambling or habitual gambling (two times or more of a punishment, four times of a suspended sentence, or one time of a suspended sentence);

On the other hand, there are more favorable circumstances, such as the fact that the defendant recognized all crimes, the number of gamblings, the amount of gamblings is not large, the defendant's health is poor, and the defendant's sentence is imposed on the defendant, the above suspended sentence should be invalidated and the above suspended sentence should be additionally imposed for six months. Therefore, it is somewhat harsh to invalidate suspended sentence for this type of crime.

In full view of such circumstances and other circumstances as the defendant's age, environment, sexual conduct, circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of this case, it is judged that the sentence imposed by the court below is too unreasonable.

3. Since the defendant's appeal is with merit, 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 facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 247, 30 (Occupancy of gambling for the purpose of cooking) of the Criminal Act applicable to the facts constituting the crime, and Articles 246 (2) and 246 (1) of the Criminal Act (Habitual gambling);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.