사행행위등규제및처벌특례법위반
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that the Defendant was unemployed in I Gameland and is not the “I Gameland president”, but the lower court acknowledged the Defendant as the head of the gameland’s lower court by misunderstanding the facts.
2. The following circumstances acknowledged by the records of judgment, namely, ① the accomplice B, stated in the prosecutor’s office and the court below that the Defendant was the president of the branch, ② the witness L also stated in the prosecutor’s office that the Defendant was the president of the branch (L was reversed in the court of original judgment but it is difficult to believe that the Defendant was unemployed). ③ The Defendant alleged that he was unemployed, but the Defendant did not know the game method, ④ the Defendant argued that he prepared approximately KRW 26 million of investment deposit at a horse race track, but the evidence duly adopted and investigated by the court below, including the fact that it is difficult to believe, can fully recognize the fact that the Defendant served as the president of the branch in the business of the gameland as stated in the facts constituting the crime in the judgment of the court below.
3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.