The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable;

The Defendant asserted “in fact-finding and unreasonable sentencing” on the grounds of the initial appeal, but, based on the Defendant’s assertion of misunderstanding of facts, stated that the Defendant’s amendment of indictment was made in the trial at the trial of the third instance on the trial date.

In light of the above circumstances, the defendant's ground for appeal is deemed to have asserted only "abruptively unfair".

2. The ex officio determination prosecutor changed the facts charged against the defendant in the trial as stated below, and applied for changes in the name of the crime by adding "Habitual gambling" to "Article 246(2) and Article 246(1) of the Criminal Act" to "Article 246(2) and Article 246(1) of the Criminal Act", and since this court permitted this and changed the subject of the adjudication, the judgment of the court below no longer maintained

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

Criminal facts

On August 29, 2014, the Defendant was sentenced to six months of imprisonment for fraud, etc. in the Gwangju District Court's Netcheon Branch, and completed the execution of the sentence on January 27, 2015.

A person, other than a marina society, shall not gambling by using a racing conducted by a marina society.

The Defendant, from November 5, 2016 to March 31, 2018, installed a computer at the office of net F and third floor, and connected to the private horse-based G, and deposited KRW 385,100,000 over 230 times in total, and corresponding to the deposit amount, using seven accounts, such as the International Bank J, K, L Bank M, N, Post Office M, P, P Q account, and Enterprise Bank RR account under the name of Defendant H, and using seven accounts, such as the private horse-based website J, K, L Bank M, Post, Post, P Q account, and Company R Account.