The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the instant gambling place, the Defendant, while gambling with the victim, borrowed money for gambling and received a little amount of interest, and did not have conspired to commit the crime of fraud in the instant gambling place. However, the lower court recognized that the Defendant conspired with C as recorded in the instant facts charged, in collusion with C, intended to acquire money from the victim and attempted to commit the crime of fraud. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s punishment (basic fine of KRW 10 million) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly admitted and investigated by the lower court’s determination on the assertion of mistake of facts, that is, C and the Defendant exchanged each other’s letters such as “within the territory of the Republic of Korea,” “franchis,” “franchis,” and “franchis,” before the instant case. During the instant case, C and the Defendant denied the Defendant’s wearing of a special siren, which was going through a police box after the instant case, around March 20:52, 201 (No. 2:607-614 of the investigation record), sent the Defendant the word “fats” (No. 607-614 of the investigation record). D’s witness lost a large amount of money from the court of law to gambling, and most C and expressed a special siren with H and a special siren with H used in the gambling.

The Defendant borrowed money at the site of the instant gambling, received money, left money, and took part in gambling. The Defendant was involved in the instant gambling, and the Defendant was able to continue gambling because he borrowed money if he was unable to do so due to the lack of money.

If you lose money and request C to open a meeting, C has set a rate by discussing with the defendant, and there is a defect that C will go to the police.