Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (the penalty of two years of suspended execution, confiscation, 21 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination is the circumstances favorable to the Defendant, such as the fact that the Defendant recognized the instant crime, the fact that there is no particular criminal record in addition to one fine due to the violation of the Act on the Establishment of Local Reserve Forces, and the fact that the health status is not good.

However, the crime of this case is operated by the head of the speculative game against the ordinary people, which is highly detrimental to the society by impeding the citizens' awareness of sound labor, and it is disadvantageous to the defendant that the period of crime is not less than five months.

In full view of the circumstances that are the conditions for sentencing as shown in the records, such as the Defendant’s age, sexual conduct, family relationship, and circumstances after the crime, it does not seem that the sentence imposed by the court below is too heavy or too low and unfair.

Defendant

All of the prosecutor's arguments are rejected.

3. The appeal by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals by the Defendant and the prosecutor are without merit. It is so decided as per Disposition (The second five acts of the judgment below are corrected to “10,000 won”, and the second five acts of the judgment below are corrected to “10,000 won”).