The appeal is dismissed.

The grounds of appeal are examined.

For the following reasons, the lower court convicted the Defendant of opening a gambling place among the charges charged.

(1) The Defendant conspiredd with Q and R from Jun. 2010 to Nov. 201, 2012, and conspired with R from Nov. 1, 2012 to Nov. 201, and opened a gambling place for profit-making purposes at a hotel located in Vietnam solely from Nov. 2013 to Jul. 20, 2015.

(2) On January 6, 2011, the Defendant shared and carried out the principal part of the crime of opening a gambling place with Q Q by lending the gambling fund of USD 100,00 to theO entering the above gambling place.

(3) It is deemed that the Defendant committed a crime of opening a gambling place outside the territory of the Republic of Korea.

Even if Article 3 of the Criminal Code applies to a national who commits a crime outside the territory of the Republic of Korea.

Since the Criminal Code of the Republic of Korea stipulates, punishment can be imposed in accordance with the Korean Criminal Code.

(4) Even if the Defendant’s act is permissible by the laws and regulations of Vietnam, as alleged by the Defendant, it cannot be deemed that it constitutes “act in accordance with the laws and regulations or “act that does not contravene social norms” as stipulated in Article 20 of the Criminal Act, and thus, illegality is not dismissed.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the scope of interpretation and application under Article 3 of the Criminal Act, the act of a political party as provided in Article 20 of the Criminal Act, and the legal doctrine

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.