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 defendant who failed to submit the reason for appeal and determined ex officio is not obligated to submit the reason for appeal within the period for submission of the legitimate reason for appeal, and there is no indication in the petition of appeal.

However, although the laws and regulations applicable to the crime of this case ex officio are Articles 48 subparag. 3 and 26(1) of the National Sports Promotion Act, the lower court does not accord with the criminal facts and the applicable provisions, as they are applied Articles 48(2) and 26(1) of the National Sports Promotion Act. Thus, the lower judgment cannot be maintained.

2. In conclusion, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act on the grounds of the above ex officio reversal, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 48 of the relevant Act concerning the facts constituting an offense and Articles 48 subparagraph 3 and 26 (1) of the Act on the Promotion of National Sports for the Selection of Punishment (in all cases, selection of fines);

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized the instant crime and divided his mistake; and (b) the Defendant is the primary offender; (c) however, there are extenuating circumstances, such as that the instant crime was committed by the Defendant through an Internet illegal gambling site over a total of 1.30 times during a period of approximately two years, and that the instant crime was committed by gambling and gambling, and the nature of the instant crime was extremely poor in light of the period, frequency, amount, etc. of the crime.

In addition, in consideration of the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc., and all of the sentencing conditions shown in the records of the case and the theory of changes, the punishment as ordered shall be determined.