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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment (eight months of imprisonment) by the lower court is too unreasonable.
B. According to the evidence submitted by the prosecutor (1) and misunderstanding of the legal principles (the part not guilty in the reasoning of the judgment below), the court below acquitted Defendant A of this part of the facts charged by misapprehending the facts or misapprehending the legal principles, although it could be acknowledged that Defendant A conspired with and operated an illegal sports entertainment site.
(2) The sentence against the Defendants (Defendant A: 8 months of imprisonment; Defendant B; 1 year of suspended sentence in April; Defendant C: fine of 2 million won) of the lower court’s improper sentencing is too uneased and unreasonable.
2. Determination
A. Determination as to the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine (1) No person, other than the Seoul Olympic Games National Sports Promotion Foundation and the entrusted business entity, shall give property or property benefits to those who correctly predicted the outcome by issuing the right to vote for sports promotion or others similar thereto.
The Defendant, in collusion with the name-free boxes and G (the indictment of detention on July 22, 2016), opened a private sports entertainment entertainment site in a foreign country, such as the United States, and received money from unspecified members who joined the said site, and then paid points corresponding thereto to the members. The Defendant is responsible for operating the illegal sports sports sports entertainment site in such a way as to pay a certain amount of money according to the dividend rate and to refund in cash to members, and the Defendant is responsible for soliciting and supplying a general account to use it as a charging account of the gambling site, and G is responsible for withdrawing cash from the charging account deposited by unspecified members to deliver a name-free person.
The Defendant, as above, conspired with a person with no personal injury, committed an unlawful act in Seoul or below, from October 2015 to Haman on May 2016.