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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and two months, and each of the defendants B and C shall be punished by imprisonment with prison labor of eight months.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. The punishment of Defendant A (one year and six months of imprisonment, additional collection of KRW 49,300,000) is too unreasonable.
B. Defendant B’s imprisonment (one hundred months of imprisonment, additional collection of KRW 15,351,250) is too unreasonable.
C. Defendant C1) The main sentence of the lower court (one hundred months of imprisonment) is too unreasonable. (ii) Defendant C’s additional collection of KRW 252,810,00,000, as well as KRW 144,003,128, which was the money exchanged for gambling funds, is also included in the amount of KRW 108,806,872 (=252,810,000 - 14,003,128). Thus, the money that Defendant C received under the name of commission is merely 108,806,872 won (i.e., KRW 252,810,00).
Nevertheless, the court below considered the above 252,810,00 won as commission and sentenced the collection of 114,972,752 won, which is the commission charged by Defendant C (i.e., 2,874,318,805 won and 0.04 won x 0.04), which is the sum of the commission for filling game money deposited by Defendant C while gambling at the I website (i.e., 2,874,318,805 won and 137,837,248 won (i.e. 252,810,810,000 - 114,972,752). Thus, the court below erred by misapprehending facts or misapprehending legal principles as to the calculation of a surcharge.
The Prosecutor (Defendant A)’s above sentence against Defendant A is too unhued and unfair.
2. Determination
A. The crime of opening gambling and gambling spaces in this case committed by Defendant A to determine on Defendant A’s appeal and the prosecutor’s appeal against Defendant A is highly harmful to society by promoting sound labor ideas and social morals. Defendant A had been sentenced to the suspension of execution of imprisonment with prison labor for a violation of the Game Industry Promotion Act due to unauthorized Game Place Business, etc. around 2008, and Defendant A had been sentenced to the suspension of execution of imprisonment with prison labor for a violation of the Act on the Promotion of Game Industry due to Unauthorized Game Place Business, etc., Defendant A has been in charge of the duty of shocking game money, counseling service for users, and payment of commission to the users.