All appeals by the Defendants and by the prosecutor against the Defendants are dismissed.

1. As to the Defendants and the Prosecutor’s assertion of unfair sentencing, the Defendants recognized each of the instant offenses, against the mistake, and the Defendants did not have any criminal record, etc. However, they had been punished several times of suspended sentence due to the violation of the Korean Racing Association Act, the crime of habitual gambling, the crime of gambling, and the crime of opening gambling. Defendant B had the record of having been punished as a fine or a suspended sentence for several times of punishment due to the crime of habitual gambling, gambling, and the crime of opening gambling. In particular, Defendant A, at the Seoul Southern District Court on December 2, 2011, was sentenced to a suspended sentence of one year of imprisonment with labor for a violation of the Korean Racing Association Act, three years of community service, 200 hours and confiscation, and the said judgment became final and conclusive on the 10th of the same month, in consideration of the circumstances unfavorable to the Defendants, such as the violation of the Korean Racing Association Act, the age and conduct at home, the circumstances surrounding the instant crime, the method and consequence of the crime, the degree of the Defendants’ participation in the Defendant’s and its share of dividend and profits before and its execution.

2. In conclusion, the appeal by the Defendants and the appeal by the public prosecutor against the Defendants are without merit, and they are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.