The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles and improper sentencing)

A. Fact-misunderstanding or misapprehension of legal principles merely served as an assistant to assist gambling actors participating in the Do by offering simple convenience to gambling workers as A, and merely as a mere fact, the Defendant was in the position of opening a gambling place and providing gambling, or of presiding over the facility.

It is not possible to see that the status of casino operators shared the profit of the casino, and therefore it does not constitute a crime of opening a gambling place.

B. The punishment sentenced by the first instance court (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the crime of opening a gambling place under Article 247 of the Criminal Act is established by establishing a gambling place under the control of the gambling place by itself as a resident for profit-making purposes. The presiding official referred to in this crime refers to a person who gives an opportunity for gambling under his control and management, such as opening a gambling place and soliciting gambling to the gambling place and providing gambling tools.

Whether the presiding official is in the position of the gambling place shall be determined by comprehensively considering various circumstances, such as the control and management of the gambling place, the collection of fees, the role of the offender, etc.

(B) We examine the instant case.

In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the first instance court and the trial court, the Defendant established a gambling place using the casino facilities of the Philippines E (hereinafter “the instant casino facilities”) for profit-making purposes.

Since it is reasonable to view this part of the defendant's assertion is rejected.

(1) Where a person who resides in the Republic of Korea takes out large amounts of money to a casino in a foreign country and plays for gambling, and even if he/she is married with money, he/she shall bring in the Republic of Korea.