The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below is too large.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

In the first instance of the trial, the prosecutor partially changed the facts charged of this case into "Habitual gambling", and applied for the amendment of indictment with respect to applicable provisions of law as "Article 246 (2) and (1) of the Criminal Act", and the subject of the trial is changed by this court's permission. Thus, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

Punishment of the crime

The summary of the facts charged by this court and the evidence thereof are as follows: Habitualness in the judgment of the court below in light of the method of crime, frequency of crime, period of crime, amount of gambling funds deposited and withdrawn, etc., the summary of the evidence is as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 246 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and Article 246 (2) and (1) of the choice of punishment (generally, selection of fines

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the instant gambling, including the content, period, and frequency of the instant gambling, the size of gambling funds, the Defendant’s age, character and conduct, and environment, and other circumstances, which form the conditions for sentencing as shown in the records and arguments of the instant case, shall be determined as per the disposition.