Defendant

A Imprisonment with prison labor of two years and six months and fine of five million won, and Defendant B shall be punished by imprisonment with prison labor of one year.

A. Defendant A1) The Defendant of mistake of facts did not establish a place where gambling is conducted for the purpose of profit-making in the same manner as the facts constituting an offense in the judgment of the court of first instance [2019No. 1231] as stated in paragraph (1) on each date listed in the attached Table 1, No. 30, and 32 of the daily list of crimes committed by the Defendant. 2) The punishment of the court of first instance (two years of imprisonment and a fine of five million won, and confiscation) of the judgment below is too unreasonable

B. Each sentence of the lower court (Article 1: 1 year and April, confiscation, additional collection, imprisonment with prison labor for 10 months, and additional collection) by Defendant B (unfair form of punishment) is too unreasonable.

2. As to Defendant A’s assertion of mistake of facts

A. Defendant A of the facts charged (hereinafter “Defendant” in paragraph (2) established a place where gambling is conducted for profit by means of the same method as indicated in paragraph (1) of the facts charged in the case No. 2019Kadan1231, at each time and at each place indicated in attached Table 1, No. 30,32.

B. The lower court found the Defendant guilty of all of the facts charged by comprehensively taking account of the evidence as indicated in the lower judgment, including the Defendant’s statement in court.

C. Judgment of the political party 1) The establishment of gambling places as indicated in the annexed Table 1 No. 30 per annum in the annexed Table 1 of the crime sight list and corresponding to the facts charged in this part are the confession statement, informants, M and Z telephone conversations of the defendant at the investigative agency and the court below. However, in light of the following facts acknowledged by the record and the circumstances inferred therefrom, it is difficult to view that the above evidence alone was proven to the extent that the fact that the defendant opened gambling places was located in the annexed Table 1 year and 30, and there is no other evidence to acknowledge it. (A) The inner term book (referring to the person in charge of installing facilities in which the personal book is opened by selecting a gambling place and gambling facilities) is located between 18:00 and 20:00 after the gambling place is prepared.