The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (the imprisonment of six months, the suspension of execution of two years, and the community service order of 80 hours) is too unreasonable.

2. The crime of this case is an offense promoting a speculative spirit and lowering a sound sense of work, and is a large amount of gambling exceeding 300 million won in total, and the crime of this case is disadvantageous to the fact that gambling is long, and the frequency of gambling is also high.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects his mistake, that the defendant led to active cooperation in the investigation, such as the confession of the crime of this case and the submission of the account transaction details, that the defendant has no criminal record, that the defendant is living as a sincere member of society without re-offending, that the defendant is living as a sincere member of society, and that there are the wife and children who should support the defendant.

In full view of the above circumstances and all of the factors of sentencing as shown in the arguments in this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and result of a crime, etc., the sentence imposed by the lower court is too unreasonable.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The reason behind the sentencing of Article 334(1) of the Criminal Procedure Act is as follows.