The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

The above fine shall be imposed on the defendant.

1. Summary of the grounds for appeal (e.g., both types);

A. The sentence imposed by the court below (two years of suspended execution for one year of imprisonment, three million won of fine, one hundred and twenty hours of community service) is too unfluent and unfair.

B. One copy (No. 5) of the K Bank’s OTP, and one (No. 6) of the K Bank’s Cze Card (AH) in the name of the limited liability company, which was confiscated, is subject to confiscation, the judgment of the court below is erroneous and incomplete.

C. The judgment of the court below erred by erroneously calculating the revenue amount obtained by the defendant and additionally collecting it.

2. Determination

A. Gambling using an Internet site on the allegation of unfair sentencing as to the main part of a punishment is inevitable to prevent the spread of gambling, since it does not limit the subject, time, amount of gambling, etc. to those participating in gambling, and the access thereto is considerably easy, and there is a very high harmful effect on society as a whole.

In operating the Internet gambling site of this case, the defendant committed an organized crime with other accomplices, such as lending a borrowed account and using it for the crime.

In particular, the Defendant, taking overall control of the operation of the Internet gambling site of this case, committed a crime by attracting many accomplices, and thus, the Defendant is the most responsible.

In this regard, although the Defendant’s overall criminal act is recognized, it is only attempted to reduce one’s own earnings, and does not seem to be active against it, the risk of recidivism, such as planning to receive and operate a new Internet gambling site even before the arrest, appears to be reasonable. The Defendant himself/herself has disbursed money equivalent to KRW 200 million from the Internet gambling site of this case, and plays gambling, and the high-class external agent with the proceeds of the Internet gambling site of this case has been using 3.5 million won per month, and otherwise, he/she has a fatal life.