A. In fact, the Defendant merely issued the real name membership card by verifying the personal information of customers, but did not provide the instant card as free gifts, or aid and abetting the customers to trade the instant card, the lower court found the Defendant guilty of the instant facts charged on a different premise, thereby adversely affecting the conclusion of the judgment by misapprehending the fact.

B. The sentence sentenced by the lower court to the Defendant (one year of suspended execution and one year of suspended execution in six months) is excessively unreasonable.

2. Determination

A. 1 Determination as to the assertion of mistake of facts

No one shall allow others to gamble or perform other speculative acts by using game water, or neglect to allow them to do so, and shall promote speculation by providing free gifts, etc.

Nevertheless, on March 26, 2014, the Defendant established 100 games for “hoo-hishing,” which was classified by the committee on water management of the game in around 70 square meters in the game room, and operated the business. While operating the business, the Defendant made cash in the game machine and automatically run the game without active participation of the game users, allowing one customer to use multiple representative game machines concurrently. If the points obtained through the game are more than 20,00,000 won, the Defendant issued the card with the points obtained without confirming the identity, etc. of the customer if the person who carried the card visits, and issued the card with the points obtained without identifying the identity, etc. of the customer, put the cash corresponding to the points accumulated on the relevant card into the game machine so that the points accumulated on the card may be reusable, and the said customer given an equivalent value to the amount input on the card.