Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

Defendant

B. .

A. Defendant A’s imprisonment (eight months of imprisonment) is too unreasonable.

B. Defendant B’s imprisonment (one hundred months of imprisonment, additional collection of KRW 71,600,000) is too unreasonable.

C. The above sentence of the lower court against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination

A. Determination on the appeal against Defendant A and the Prosecutor on the appeal against Defendant A is recognized by Defendant A, without the same criminal record, and even though the head office is a person related to the operation of the head office, the degree of participation is relatively minor, such as providing an account or conducting simple business, such as cash withdrawal, remittance, etc. according to the order of the principal offender, and the fact that the personal gains from the instant crime are not large is favorable.

On the other hand, the crime of opening the gambling space of this case is to promote gambling activities that undermine the sound labor concept and social morals, with great social harm, and the case is grave, such as the total amount of gambling at the gambling site of this case reaches KRW 158 billion, and Defendant A, even though having done gambling directly, has committed gambling with approximately KRW 240 million.2 million.

In addition, comprehensively taking account of the equity with accomplices in relation to the operation of the instant gambling site, the background of the instant crime, the circumstances after the instant crime, the age, character and conduct, and environment, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant A and the Prosecutor’s assertion is without merit.

B. The crime of opening the gambling space of this case committed by Defendant B with the judgment on Defendant B’s appeal is likely to cause serious social harm and harm to the sound labor sense and social morals, and Defendant B was sentenced to one year of suspension of execution on May 13, 2013, and one year of suspension of execution.