The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principles) provided by the defendant, E, and F are legitimate games with rating allocated through deliberation by the Game Rating Board, and they were deliberated as such. There was no awareness or intention of the gambling opening place, and the defendant did not have any fact of re-exchange or arranging money exchange to customers, nor did he receive money exchange commission, and only received the sales commission by selling pre-paid cards that can charge game money.

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

2. The summary of the facts charged is a person who operates a cream bank under the trade name of “D” under Article 105 of the Seo-gu Incheon Metropolitan City Building C.

From February 14, 2009 to May 5, 2009, the Defendant established an Internet gambling program with “E” and “F” at the above cambling room from around February 14, 2009 to around May 5, 2009, issued the Internet gambling program with “E” and “F,” and issued the cards charged with cyber money in the same amount to customers, and let customers do gambling in the above E and F by accessing the said E and F, using cyber money, and received from the operator of the said website an amount equivalent to 9% of the total amount of money for gambling as commission.

As a result, the Defendant opened gambling for profit.

3. The judgment of the court below

A. The lower court determined as follows regarding the defense counsel’s assertion, and found the Defendant guilty of the instant facts charged by taking account of the macroscopic evidence.

B. The crime of gambling opening under Article 247 of the Criminal Code is established by opening a gambling place under his/her control as a resident for the purpose of profit-making. The crime of gambling is an independent crime separate from the crime of gambling, and the "gambling" means the property of the participating parties by taking the property and by taking the property by a flexible inheritance.