The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The punishment sentenced by the original court in the summary of the grounds for appeal (one hundred months of imprisonment and confiscation) is too unreasonable.

2. The crime of this case is a criminal that has caused serious social harm, such as encouraging a speculative spirit of ordinary people and gaining profits by using it, and ultimately causing serious property damage to the users. The defendant operated the game of this case for about 20 days by having 40 game machine different from the game products rated, and exchanging the result of the game. It seems that the amount of sales, such as the daily exchange amount to eight million won, seems to be considerable. The defendant operated the game of this case with the entrance of the game of this case as corrected and operated the game of this case with considerable human resources and physical facilities to conceal the crime of this case, such as setting up CCTV outside the game room, etc.

However, it is argued that the defendant has an attitude of recognizing and opposing the defendant's wrong, that the defendant only lent his name, not the business owner, and received 150,000 won per day, and that there are various circumstances corresponding thereto, that there is no history of punishment for the same crime, that there is no history of punishment for the defendant, that there is no other criminal records other than being sentenced to suspension of the execution of imprisonment due to drug crimes for the last 20 years, and that there was no history of crime other than being sentenced once due to the crime of gambling, and that the defendant was detained for about five months in this case shall be considered as favorable

Considering the above circumstances and the overall circumstances such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, the sentence sentenced in the court below is too heavy.

3. In conclusion, the defendant's appeal is justified, and the judgment of the court below is made in accordance with Article 364 (6) of the Criminal Procedure Act.