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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. As to the summary of the reasons for appeal (eight months of imprisonment), the defendant asserts that it is too unreasonable for the defendant to be sentenced to imprisonment, and the prosecutor asserts that it is too uneasible and unreasonable.
2. However, the game site of this case where the Defendant participated in the operation of the board was provided to customers with contents different from the rated game products for their use, and the result obtained through the provision was returned to the customers again. In light of such a type of business, the degree of the gambling seems to have been significant.
The Defendant received a large amount of money that is KRW 200,000 per day from AV actually operating the said 2 game room, and performed an essential role in the operation of the game room, such as employment of employees, intermediation of “the chief of the branch president”, and management of earnings (including settlement of profits from each day and bring about the above AV). In this respect, it is very heavy that the Defendant lent E, F or name, which is merely an employee, to lend the same in the name of E, F or name, compared to D or I.
The defendant committed the same kind of crime and was sentenced to a suspended sentence of imprisonment in 2009. Thus, the crime of Paragraph 1 of this case was committed during the suspended sentence period. When the game of this case was controlled by the game of this case, the suspended sentence period was over and the self-denunciation was done.
In addition, the defendant has more records of this kind of crime than that of the defendant.
Considering these circumstances, it is inevitable to sentence the defendant to the extent equivalent to the crime.
However, the fact that the defendant recognized his mistake and against it, the fact that the defendant himself voluntarily appeared in the investigative agency and voluntarily surrendered, and the game site of this case 2 place was operated practically.
In addition, the circumstances such as the fact that the profits are distributed and the circumstances involved in the operation are not visible, the defendant's age, and the defendant's age.