The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

A. Comprehensively taking account of the evidence submitted by the prosecution as to facts (as to the portion of the crime which was not committed), the Defendant conspired with B and actually managed and operated the instant room from August 2013 to October 2013. In other words, even if the intention to jointly process and functional control over the crime were recognized from August 2013 to October 2013, the lower court erred by misapprehending the facts that recognized only the Defendant’s liability as an aiding and abetting offender for the said period, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (a sum of three million won) is too unhued and unfair.

2. Determination

A. The summary of this part of the facts charged is a person who operates a DPC room in Gumi-si. The Defendant is a person who was employed by the first patrol officer from early August 2013 to receive cash from customers, and is responsible for the overall management of the above PC room, such as paying coophones (use in charging cyber money) corresponding thereto, and guiding customers of the game method.

No person shall perform speculative acts by using game water or leave a game so that he/she may do so.

The Defendant and B established PC 7 units in the aforementioned PC room from the early August 2013 to October 2013, the Defendant and the Defendant: (a) provided customers with Internet gambling games, such as Baduks, spawers, and spats, which are managed by themselves; (b) sold coophones (10,50,000 won) purchased from customers in cash from the above customers; (c) entered the password of the above coophones into the above coos; and (d) provided customers with the above coos, spats, spats, and spats with the above coos by charging cyber money equivalent to the above coos from the above individuals; and (e) contacted customers with the above coos at the end of the game; and (e) caused those under whose name the said coos lose part of cyber money in the primary speculative act; and (e) made them exchange with their account by receiving cash equivalent to the above coos from those persons.