A. misunderstanding of the legal principles or misunderstanding of facts cannot be deemed as opening gambling places in a manner that gives gambling opportunities to gambling persons under his/her control and management by being the presiding official of the Defendant’s act.

2) As to the facts constituting the crime Nos. 8 and 9 in the crime list Nos. 8 and 9 in the holding, the Defendant did not provide convenience for the gambling of M, or did not lend gambling funds, and did not provide convenience for N to gambling.

3) Since all of the criminal acts committed by the Defendant’s judgment are in a single comprehensive crime, the Defendant’s judgment should not be sentenced to two punishment despite the judgment of Seoul Central District Court 2013 Godan517 decided September 6, 2014, which became final and conclusive as of September 6, 2014.

In addition, the lower court omitted the judgment on the above Defendant’s assertion.

B. Since the facts constituting the crime Nos. 1 through 7 of the daily table of the sentencing decision are in the relation of the crime of the Seoul Central District Court 2013 High Order 5517 High Order, the sentence of the lower court, which is not considered in the sentencing, is too unreasonable.

2. Determination

A. Determination as to the assertion that it cannot be deemed that a gambling place is established. The crime of opening a gambling place under Article 247 of the Criminal Act is an independent crime separate from the crime of gambling in which a person is acting as a resident for the purpose of profit-making and establishes a gambling place under his/her control. The term "gambling" means that the participating party gets property and contests the acquisition and loss of property by the winning party, and the term "for profit-making purpose" refers to the intention of seeking an illegal pecuniary profit in return for opening the gambling place. It is recognized as the purpose of profit-making in cases of the profit-making purpose, not the direct cost of opening the gambling but the profit-making purpose is recognized, and the profit-making profit was actually realized.