All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. As to Defendant 1’s mistake of facts and misapprehension of legal principles as to the establishment of gambling space among the facts charged in the instant case, Defendant 1’s violation of the National Sports Promotion Act (or opening, etc. of gambling), and establishment of gambling space. The period during which the Defendant engaged in the business of publicity on gambling sites did not appear from January 31, 2013 to January 10, 2014 as indicated in the instant facts charged, but from January 31, 2013 to March 201, 2013 and from October 2013 to December 2013.

Therefore, as to the crime that occurred during the remaining period except the above period, the criminal liability is not imposed since the defendant escaped from the accomplice relationship.

Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court (one year and four months of imprisonment, additional collection of KRW 8,00,000) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Judgment on the misunderstanding of the facts and legal principles of the Defendant is established by satisfying the subjective and objective requirements of the crime committed through the intent of co-processing and the functional control based on the intention of co-processing. However, even if a person is not directly engaged in and implemented with a part of the constituent elements, if it is acknowledged that a functional control through an essential contribution to the crime exists not just as a mere conspiracy but as a joint principal offender, when comprehensively considering the status, role, control or power over the criminal progress in whole crime, etc., the joint principal offender under Article 30 of the Criminal Act is established by satisfying the subjective and objective requirements of the crime committed through the functional control based on the intention of co-processing and its joint principal offender.

In this case, the means and attitudes of crimes, the number of participants and their inclinations, the time and characteristics of crimes, and the possibility of contact with others in the course of crimes.