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1. The part of the lower judgment against Defendant C, excluding the compensation order, shall be reversed.

Defendant

C shall be punished by imprisonment with prison labor for ten months and by a fine of five million won.

Defendant

C Where the above fine is not paid, Defendant C shall be confined in a workhouse for the period calculated by converting KRW 100,000 into one day.

However, the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant

C Order 120 hours of community service to C.

Defendant

C Nos. 12, 13, 18, 19, and 20 shall be confiscated.

Defendant

C. An order to pay an amount equivalent to the above fine shall be issued to C.

2. The prosecutor's appeal against the defendant A is dismissed.

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (ten months of imprisonment, five million won of fine, and confiscation) against Defendant C is too unreasonable.

B. The judgment of the court below that acquitted the Defendant on the fraud, even though the Defendant conspireds with B and C for the mistake of facts (the Defendant A), is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The sentence of the court below on the Defendant of unfair sentencing (the fine of KRW 5 million, the confiscation) is too unfeasible and unfair.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is that Defendant C, in advance, engaged in fraud by using or changing a word “carbon card” in the order of priority. From October 18, 2012 to October 18, 2012, Defendant C engaged in gambling with B, H, G, L, etc. at the office of the “Keng Commercial” located in the Nam-gu Incheon Metropolitan City J 403.

During that period, B observed the change of Defendant C’s card and asked Defendant C through Defendant A to see whether it was a fraud gambling, Defendant C expressed that he would give a reply to a remote money if he participated in the fraud gambling to Defendant B, and B accepted it.

According to the above conspiracy, the Defendants and B refer to the period from the above date to October 11, 2012.