The judgment below

The part against the Defendants is reversed.

Defendant

A shall be punished by imprisonment with prison labor of one year and ten months, and Defendant B.

1. Summary of grounds for appeal;

A. Regarding the part of the facts charged in this case of mistake of facts, considering the fact that Defendant A merely carried out a business act which has joined the general market and its members in Korea under the instruction of the Chinese Operation Team and did not actually run the above site, and the statement of grounds for appeal submitted by Defendant B by the defense counsel on August 9, 2016 does not contain any assertion on mistake of facts in the statement of grounds for appeal filed on August 9, 2016, but the above Defendant and its defense counsel stated that they filed an appeal on the grounds of mistake of facts on the first trial date, it shall be determined with other Defendants on the ground of the above mistake of facts.

C was engaged only in business activities, such as recruitment of members, and there was no fact that the site was operated.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. Each sentence (Defendant A: imprisonment of 2 years and 4 months, confiscation, Defendant B: imprisonment of 2 years and 2 months, confiscation, Defendant C: imprisonment of 2 years and 2 years and 2 years and 2 years and confiscation) imposed by the court below on the Defendants are excessively unreasonable.

2. Determination

A. Prior to determining the grounds for appeal by the Defendants ex officio, the case is examined ex officio prior to the determination of the grounds for appeal by the Defendants, and the prosecutor is in the first instance trial, and the part of the judgment below, which corresponds to the violation of the Electronic Financial Transactions Act among the charges against Defendant A and B, falls under Articles 7 and

The following facts are modified as stated below, and the applicable provisions of the indictment to the above facts charged are modified to “Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act.” ② Of the facts charged against the Defendants, the establishment of gambling spaces on the V site among the facts charged, falls under Articles 6 through 7 and 6(3)3 of the lower judgment.

Section B. The following modifications are respectively made as the revised facts charged.