A defendant shall be punished by imprisonment for nine months.

10,000,000 won shall be additionally collected from the defendant.

A. In fact, the Defendant did not operate the E Game Center (hereinafter “E Game Center”) with C, but rather worked as the head of night office after obtaining daily allowances from C. However, the lower court convicted all of the facts charged. In so doing, the lower court erred by misapprehending the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below as to the assertion of facts: ① at the court below stated that “A concurrently operated the game of this case with the defendant, and the defendant took overall charge of the affairs of the head of the game of this case; 70% shares of his own side of the head of the game of this case; and 30% shares of the defendant; because the defendant had the above shares; ② The witness G of the court below also participated in the settlement of profits of the game of this case with C; ② the defendant was aware of the fact that the defendant was operating the game of this case with C as well as the head of the night office who was operating the game of this case; ③ The defendant also stated that “The defendant was directly involved in the operation of the game of this case with the defendant, including the defendant’s right to participate in the settlement of profits of the above game of this case; ④ The defendant was aware of the fact that the defendant was operating the game of this case with C; and ③ the defendant was directly involved in the operation of the game of this case.”