All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the legal principles (Defendant A) introduced Makaket rooms (Junket rooms) in the Maka casino to the point of origin of the Republic of Korea, including N andO upon the request of Defendant B and I, and provided them with rolling chips, rolling chips, gambling funds, gambling funds, airline tickets, vehicles, etc.

Defendant

A Such an act is a crime of aiding and abetting gambling, which provides convenience to gambling of gamblings, and does not constitute a crime of aiding and abetting gamblings, and it does not constitute the establishment of a gambling place as provided in Article 247 of the Criminal Code, since it is not a person who voluntarily serves as a presiding official and does not provide an opportunity for gambling under his control and management.

Nevertheless, the judgment of the first instance which found Defendant A guilty of the facts charged in the instant case is erroneous in the misapprehension of legal principles as to the establishment of gambling places.

B. The punishment of the Defendants is unfair because all of the first instance punishment of the Defendants (one year and six months of imprisonment) are too unreasonable.

2. Determination:

A. (1) The crime of gambling as referred to in Article 247 of the Criminal Act is an independent crime that is separate from the crime of gambling in which the crime of gambling is committed by opening a gambling place under the control of the resident himself/herself for the purpose of making profits.

The term "gambling" means that the participating party contests the acquisition and loss of the property by betting the property, and the term "for-profit purposes" means the intent to obtain illegal pecuniary benefits in return for the reburial of gambling, and the purpose of profit-making is recognized as the purpose of profit-making even in the case of profits indirectly obtained through the reburial rather than the direct consideration for the reburial of gambling, and there is no need to obtain the profit actually (see Supreme Court Decision 2008Do3970, Oct. 23, 2008, etc.). In addition, in order for the joint principal offender to be established under Article 30 of the Criminal Act, the intent and objective requirements of the joint processing, which are subjective requirements, and through the functional control based on the intention to jointly perform the act.