A. The sentence of Defendant A (one year and six months of imprisonment, and fine of three million won) is too unreasonable.

B. Defendant B (1) misunderstanding of facts or misunderstanding of legal principles did not play a role in fund management or participated in operating “I Gameland.” Nevertheless, the lower court convicted of charges. In so doing, the lower court erred by misapprehending the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. (2) The lower court’s sentence of unfair sentencing (one month imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts or misapprehension of legal principles in Defendant B, the Defendant asserted the same purport as the reasons for appeal in the original judgment, and the lower court rejected the above argument in detail under the title of “determination of the Defendant B and his defense counsel’s assertion” in the written judgment. If the lower court’s determination is examined closely by comparison with the evidence duly adopted and examined in the original judgment and the appellate court, the lower court’s determination is just and acceptable, and it does not affect the lower court’s determination solely with the evidence submitted by the defense counsel in the trial, and thus, there is no error of misunderstanding of facts or misapprehension of legal principles in the original judgment as to this part. 2) Therefore, there is no merit in the misapprehension of legal principles.

B. According to the records on the Defendants’ assertion of unfair sentencing, the lower court takes into account various reasons for sentencing, including the following: (a) the size of the game room operated by the Defendants is small and its operating period is long; (b) the Defendants’ role and degree of participation; (c) the number of money invested in gambling has been punished for the same kind of crime; (d) Defendant A’s mistake is considerably large; (e) the fact that the money invested in gambling is divided and reflected by mistake; and (e) the victim of property damage does not want the Defendant’s punishment.