Defendants shall be punished by imprisonment for four months.

An applicant for compensation shall be dismissed.

2. Determination

A. The defendants acquired the money of this case under the name of the development cost of the private horse program operated in China. It is recognized that the crime of this case is very poor in light of the background, method and amount of damage, etc. of the crime of this case, Defendant A had a record of being punished for the suspension of execution, Defendant B had a record of being punished for the suspension of execution due to the crime of opening gambling, etc., Defendant B had a record of being punished for the suspension of execution due to the crime of opening gambling, and the damage to the victim has not yet been recovered.

B. However, in full view of the following circumstances: (a) the Defendants led to the commission of a crime in the first instance court; (b) the Defendants repaid KRW 7 million at the lower court to recover the victim’s damage; (c) additional repayment of KRW 25 million at the first instance court to the victim; and (d) the victim did not want to be punished by the Defendant; (d) the Defendants did not have the same criminal history; and (e) other circumstances that are the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, are deemed unfair on account of the lower court’s punishment.

(c)

Therefore, the above assertion by the Defendants is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed, and it is decided as follows through a new theory of change.

In addition, since the scope of the defendants' liability for compensation is not clear, the application for compensation by one applicant for compensation is dismissed in accordance with Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and it is so decided as per Disposition.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;