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

1. Summary of grounds for appeal;

A. As to the Defendants’ violation of the National Sports Promotion Act (replacement, etc. of gambling) and the establishment of gambling space, the Defendants’ participation in this part of the crime is recognized.

However, the person operating the illegal gambling site of this case is E, and Defendant B is merely an investor who has raised funds and provided equipment for early stage. Moreover, Defendant A does not deliver money to Defendant B from the beginning with the intention of providing funds to the illegal gambling site of this case, but only withdrawn and delivered cash in compliance with E and Defendant B’s instructions.

B) The lower court’s additional collection charge against the Defendants is excessive. 2) The lower court’s sentence on the illegal Defendants in sentencing is too heavy.

B. The lower court’s sentence against the prosecutor Defendants is too minor.

2. Judgment on the Defendants’ assertion of mistake of facts

A. 1) In determining the credibility of a confession of the relevant legal principles as to the establishment of a national sports promotion (replacement, etc. of gambling) and a gambling space, the determination should take into account all the circumstances, including whether the content of the confession statement itself is objectively rational, what is the motive or reason for the confession, what is the reason why the confession was caused, what is the reason why the confession was made, and what is not contrary to or contradictory to the confession among the circumstantial evidence other than the confession.

B. In a case where a defendant consistently led to his/her confession from the investigative agency to the trial date, and reversed his/her own confession from the trial date, in addition to examining the credibility of his/her confession statement, the court below should examine the motive, reason, and circumstances leading up to the reversal of his/her confession, as well as the motive, reason and circumstances leading up to the reversal of his/her confession, and the contents of his/her statement (see, e.g., Supreme Court Decision 2015Do17869, Oct. 13, 2016).