C All appeals filed by both C and prosecutor are dismissed.

A. In consideration of Defendant C’s various circumstances, the sentence of imprisonment (the penalty of KRW 1,177 million for imprisonment, the penalty of KRW 17,700,000) of the lower court is too unreasonable.

B. According to the misunderstanding of facts and misapprehension of legal principles, the prosecutor (defendant A and B) committed a crime of aiding and abetting the Defendants, although it was recognized that Defendant A and B participated as a co-principal by sharing an essential role in the operation of the game site of this case, the lower court recognized only the liability for aiding and abetting the Defendants. In so doing, the lower court erred by misapprehending the legal doctrine on co-principal by misunderstanding the facts. 2) In consideration of the various circumstances of unfair sentencing, the lower court’s sentence (defendant A’s fine of KRW 3 million, and Defendant B’s fine of KRW 2 million) is too unreasonable.

2. Determination

A. As to Defendant C’s appeal, it is recognized that the operating period of the instant game room was not long, but the Defendant continued to operate the instant game room even though the instant game room was under the condition of having the same kind of power as the proprietor of the instant game room.

In addition, there is no change in all kinds of sentencing conditions as shown in the records and pleadings of this case, including the size of the game room of this case, the degree of profits, the age, character and conduct, environment, and power of the defendant. In full view of all the above circumstances, the sentencing of the court below is too unreasonable because it goes beyond the reasonable scope of discretion. Thus, this part of the defendant's assertion is without merit.

B. In full view of the roles of Defendant A and B’s game room, degree of profit, degree of participation and timing of participation, etc., which can be revealed by the evidence duly adopted and examined by the court below as to the prosecutor’s appeal of mistake of facts or misapprehension of legal principles, it is difficult to view the above Defendants as engaging in money exchange and speculative business by sharing the essential acts of operating the game room of this case in collusion with other Defendants.