A. The amount of money in the name of admission fees received from customers is KRW 10,000,00,000. This is nothing more than ordinary fishing place usage fees, and it is difficult for the parties participating in gambling to view that the money was paid to customers with the instant gift is a roof, which does not bring about a fluence by customers. Therefore, it cannot be deemed that a place of gambling was opened for the purpose of profit-making because it is merely a roof payment instead of a gift.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.

B. In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court (2 million won) is too unreasonable.

2. Determination

A. The crime of gambling opening under Article 247 of the Criminal Act regarding the assertion of mistake of facts and legal scenarios is established by establishing a gambling place under the control of the gambling place by being the person who was voluntarily stationed for the purpose of profit-making. The crime of gambling is separate from the crime of gambling.

In this case, the term "gambling" means that the participating party contests the acquisition and loss of the property by betting the property and by the incidental acceptance, and the term "for profit-making purposes" means the intention to obtain an illegal pecuniary benefit in return for the opening of gambling.

(See Supreme Court Decision 2008Do3970 Decided October 23, 2008, etc.). Comprehensively taking account of the evidence duly admitted and examined by the court below, the Defendant, from August 24, 2012 to December 2, 2012, found that the Defendant received 10,000 won of admission fees from customers from the instant fishing place from the instant fishing place during the period from August 24, 2012, and the Defendant operated his business by paying approximately KRW 10,00 to KRW 10,00 as free gifts in the hot order from around 3, 200 to KRW 10,00 by adding up the total weight of 2 miles with the fishing market. Accordingly, the amount of admission fees, value of free gifts, and free gifts provided.