[Defendant A]

1. The guilty part against Defendant A and the judgment of the court below of the first instance shall be reversed.

2...

1. Summary of grounds for appeal;

A. Part 1 of the guilty portion against Defendant A: Of the judgment of the court below in the first instance, the guilty part against Defendant A and the judgment of the court below in the second instance) misunderstanding of facts (as to the crime of aiding and abetting the violation of the Korean Racing Association Act), Defendant A did not commit the crime of aiding and abetting the violation of the Korean Racing Association Act on the ground that he did not know of the operator of a private horse site and provided the bank account to him.

B) (i) The sentence of the lower court on Defendant A is deemed to be too unreasonable and unfair. The first instance court’s sentence is too unfeasible and unfair. (ii) The acquittal portion on Defendant A’s acquittal portion in the first instance judgment: According to the evidence submitted by the prosecutor, the evidence submitted by the prosecutor reveals that the Defendant A’s criminal concealment teacher and the criminal aiding and abetting a criminal escape can be fully acknowledged.

B. Unreasonable sentencing (public prosecutor) on Defendant B and C: The first instance court’s punishment on Defendant B and C is deemed to be too uneasible and unfair.

2. Determination

A. The guilty part against Defendant A: The guilty part against Defendant A among the judgment of the court below in the first instance, and the judgment of the court below in the second instance is examined ex officio prior to the judgment of the grounds for appeal by Defendant A and the prosecutor.

This Court tried to combine the convictions against the defendant in the judgment of the court of first instance and each appeal against the judgment of the court of second instance.

Since each case against a consolidated defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, one punishment shall be imposed within the scope of the term of punishment aggravated for concurrent crimes in accordance with the example of Article 38(1) of the Criminal Act.

Therefore, the convictions of the defendant and the judgment of the second court in the judgment of the court of first instance cannot be maintained any more.

However, despite such reasons for ex officio reversal, the defendant's assertion of mistake as to aiding and abetting violation of the Korean Racing Association Act is still subject to the judgment of this court.