A. Fact-misunderstanding, as a mere play in 10,00 won, which is the remaining level mentioned in the restaurant of this case, was done, and there is no chips acquired by the actual game as drinking, and it is not gambling.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below, the defendant was allowed to use four game tables, such as black knife, knife and knife, which are acquired by having customers play games, and exchange them with chips. The customers who find the restaurant of this case do not play games such as black knife for temporary recreation, but rather play games such as chip for temporary recreation between his family members, relatives, and knife and knife, which are employed by the defendant with the chips acquired chips by purchasing alcoholic beverages from the defendant and acquiring chips. The judgment of the court below is justified in holding that the crime of gambling under Article 247 of the Criminal Act was opened for the purpose of profit-making, and it is not justified in the judgment of the court below as to whether the defendant's act of gambling was done with chips acquired by the user or with gambling chips acquired by the user (see the part of the judgment below, e.g., Supreme Court Decision 2008Do290.

B. Although the Defendant’s game that was established in the instant restaurant is highly likely to have a high level of gambling with black kacks, clerical strings, and balk games that can be operated in the casino, the Defendant provided chips to customers by lending liquor sales, thereby causing them to commit the above games, and the Defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.