The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unreasonable.

2. As to the crime of this case, illegal gambling game business in the form of exchanging premiums obtained through the use of a game product in cash, such as the crime of this case, is not good enough to commit a crime of social harm, such as promoting a speculative spirit of the general public and causing the failure of home economy. However, even though it is found that the defendant was merely the head of the game of this case, the defendant was sentenced to imprisonment with prison labor for two years on a separate basis, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances before and after the crime, etc., the punishment sentenced by the court below seems to be somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Some of the provisions of Article 30(1)1 of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, Etc. concerning criminal facts and the Special Cases concerning the Selection of Punishment of Speculative Acts, Etc. (amended by Act No. 11034, Aug. 4, 201) were amended to “a person who runs a speculative business by using slot machines or speculative gaming machines, other than the speculative business under Article 2(1)2, for business purposes, using slot machines or speculative gaming machines” as “a person who runs a speculative business by using slot machines or speculative gaming machines, other than the speculative business,” under Article 11034 of the Act on August 4, 2011.

Article 30 (Selection of Fine) of the Criminal Act

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;