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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The gist of the grounds for appeal is that the punishment (five million won a punishment) imposed by the lower court is excessively unreasonable and unfair (the Defendant explicitly withdrawn the assertion of misunderstanding on the facts at the first trial date of the first trial of the first instance court). 2. The instant crime committed by the Defendant is an act that ought to be eradicated and eradicate serious social harm by facilitating the promotion of an excessive speculative spirit among the general public by facilitating the crime of this case. In light of the content of the crime, circumstances leading up to the crime, protection of legal interests, etc., the nature of the crime is not easy in light of the contents of the crime, and the fact that the crime was committed was committed under suspicion of violation of the Game Industry Promotion Act in 2011, and that there was a power to receive a non-prosecution disposition on the grounds that the Defendant was not guilty.
However, in light of various circumstances, including the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime of this case, size of business place, operating period, degree of actual proceeds of the crime of this case, circumstances after the crime, family relations, health conditions, and criminal records, the defendant's punishment imposed by the court below is too excessive and it is unreasonable to maintain it as it is, and thus, the defendant's assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is "the defendant's person" in the column of "a summary of the evidence" among the reasoning of the judgment below.