The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, it shall be ten months.

1. The sentence imposed by the lower court to the Defendants is too unreasonable as the gist of the grounds for appeal is unreasonable.

2. We examine the reasons for appeal by the Defendants ex officio prior to the judgment.

Although the crime of aiding and abetting the opening of gambling in each of the crimes of this case is an aiding and abetting a punishment within the scope of the term of punishment, which has been required to be mitigated under Article 32(2) of the Criminal Act, the judgment below erred by omitting the mitigation of punishment by excessive aiding and abetting.

Therefore, the judgment of the court below is no longer maintained in this respect.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendants' unfair assertion of sentencing, and it is again decided as follows.

Criminal facts

The summary of the evidence and facts charged against the Defendants and the summary of the evidence recognized by this court are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 (4) 2 and Article 6 (3) 3 of the relevant Act on Electronic Financial Transactions, Article 30 of the Criminal Act (exploring and keeping access media knowing that it is to be used for a crime), Articles 247 and 32 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Article 32(2) and Article 55(1)3 of the Criminal Act for mitigation of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Defendant A: From among the crimes committed by the Defendants on the grounds of sentencing under Article 48(1)1 of the Criminal Act, the violation of the Electronic Financial Transactions Act does not yet provide the sentencing guidelines, and in the case of aiding and abetting the opening of gambling, the sentencing guidelines do not apply to aiding and abetting the opening of gambling.

The Defendants may use a false loan advertisement to create a bank account and card to be used for crime.