All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

The court below found the defendant guilty of this part of the facts charged on the basis of the statement of H and E without credibility even though the defendant was involved in the operation of the K Game Center. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

The punishment sentenced by the lower court of unfair sentencing (one year and six months of imprisonment, additional collection of 112,00,000 won) is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible.

In relation to the defendant's assertion of mistake of facts, when one of the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the persons among the other persons has left from the relation of conspiracy before they reach an action of others, they shall not be held liable as a co-principal with respect to the subsequent acts of the other persons. However, in the relation of conspiracy, it is necessary to resolve the functional control of the person's act by the contest. As such, when the person who led the contest participated in the contest and has an impact on the execution of the other persons, it shall not be deemed that the person was detained unless he actively

(See Supreme Court Decision 2006Do9298 Decided April 12, 2007, and Supreme Court Decision 2008Do1274 Decided April 10, 2008, etc.). In full view of the following facts and circumstances recognized by the lower court and the evidence duly admitted and duly examined by the lower court, the lower court is justifiable to have determined that the Defendant cannot be deemed to have escaped from the public competition relationship in relation to the operation of the K Games. Accordingly, this part of the Defendant’s assertion is rejected.

Although the Defendant asserts that H makes a false statement in relation to the operation of the K Game Center, the Defendant and E, who conspired with the operation of the game room, was arrested on February 10, 2014, and was subject to the first investigation at the prosecution.