The defendant's appeal is dismissed.

The gist of the grounds for appeal is that the Defendant, on March 2015, lent the name of the Defendant to F and had F operate the game room indicated in the instant facts charged (hereinafter “instant game room”). Since F and F were not aware of the fact that the Defendant operated the instant game room in the name of the Defendant during the period indicated in the instant facts charged, the Defendant did not commit a crime listed in the instant facts charged in collusion with F in collusion with the Defendant.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by mistake.

The punishment sentenced by the court below (6 months of imprisonment, 2 years of suspended execution, 2 years of forfeiture) is too unreasonable.

Judgment

As to the assertion of mistake of facts, the defendant also argued the above, and the court below rejected the defendant's argument in light of the evidence duly adopted and examined by the court below and the circumstances such as the defendant's statement in the court below's reasoning, and found the defendant guilty of the facts charged in this case by comparing the evidence duly adopted and examined by the court below with the F and the defendant's statement in the court below. The above judgment of the court below is just, and there is no error of law as alleged by the defendant.

As to the unfair argument of sentencing, the sentencing is decided within a reasonable and appropriate scope, taking into account the factors that are conditions for the sentencing prescribed in Article 51 of the Criminal Act, on the basis of statutory penalty.

However, considering the unique area of sentencing of the first trial that is respected under the principle of trial priority and the principle of directness taken by our criminal litigation law, and the ex post facto core character of the appellate court, the sentencing conditions and sentencing criteria, etc., which are shown in the first trial sentencing process, are considered.