The judgment below

Part of conviction and acquittal shall be reversed.

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months.

1. Summary of grounds for appeal;

A. Defendant A1) In fact-misunderstanding and misapprehension of legal principles, KRW 827,305,00, out of the amount of ATM in the instant gambling site operation account, is not money deposited by the gambling site users, but money deposited by the Defendant for the entire exchange of the gambling users. Thus, the above amount should be excluded in calculating the amount of additional collection for the Defendant.

2) The sentence of the lower court’s improper sentencing (three years of imprisonment, etc.) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and legal principles, ① misunderstanding of the elements of the crime of opening gambling space with respect to the acquitted part, and constituting the crime of violating the Act on the Regulation and Punishment of Concealment of Criminal Proceeds in this case, so in this case, the court below acquitted the Defendant of this part of the facts charged by deeming that there was no separate act, and thereby, it erred by misapprehending the facts and legal principles, thereby adversely affecting the conclusion of the judgment.

② As to the dismissal part of the prosecution, the crime of violating the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds of this case was committed in relation to each other, and it is reasonable to view that this part of the indictment was specified, the lower court did not specify.

In light of this, this part of the prosecution was dismissed, and the judgment of the court below is erroneous by misunderstanding the facts and misunderstanding the legal principles.

2) The lower court’s sentence against the illegal Defendants in sentencing (Defendant A: three years of imprisonment; one year of suspended sentence; two years of imprisonment; two years of suspended sentence; ten months; two years of suspended sentence; two years of imprisonment; two years of suspended sentence; eight months; two years of suspended sentence; two years of suspended sentence; Defendant D and H; six months of imprisonment; one year of suspended sentence; and one year of suspended sentence) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for an ex officio appeal, the Prosecutor received the total amount of KRW 40,692,239,465 from gambling actors, etc. among the facts charged at the time of the trial.”