A. Defendant C1) misunderstanding of facts in collusion with A and B did not open gambling for profit-making purposes, and the Defendant left away from the crime before the commencement or completion of the opening of gambling by A and B. 2) The punishment sentenced by the lower court of unfair sentencing (one month of imprisonment, two years of suspended execution, one year of probation, one year of community service, one time of 180 hours) is too unreasonable.

B. Defendant B (unfair punishment)’s punishment sentenced by the lower court (limited to six months of imprisonment, two years of suspended sentence, one year of probation, one year of community service, 180 hours of imprisonment) is too unreasonable.

2. Determination

A. Determination 1 on Defendant C’s assertion of misunderstanding of facts) The Defendant also asserted the same purport as the grounds for appeal. However, the lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence duly admitted and examined, and rejected the Defendant’s above assertion on the following grounds: “Judgment on the Defendant and his defense counsel’s assertion”

(1) The crime of opening gambling and the crime of opening gambling under Article 247 of the Criminal Act for profit is an independent crime that is separate from the crime of gambling in which the crime of opening gambling and the crime of opening gambling under the control of the gambling place is established by being a resident himself/herself for profit.

“Gambling” means a party’s dispute over the acquisition and loss of property by a well-known winning book. “Profit-making purpose” means the intent to gain an unjust pecuniary profit in return for an opening of gambling place. In cases where the benefit is not the direct consideration of an opening place but the benefit to be indirectly obtained through an opening of gambling place, the purpose of profit-making is recognized, and it does not require that the benefit was actually gained (see, e.g., Supreme Court Decisions 2008Do3970, Oct. 23, 2008; 2011Do15713, Feb. 9, 2012). The crime of opening of gambling is for profit-making purpose.