All judgment of the court below shall be reversed.

Defendant

A Imprisonment for 8 months and fines for 5,000,000 won, and Defendant B shall be punished by a fine for 4,000.

1. Summary of grounds for appeal;

A. (1) Mistake of facts (1) Defendant A, at the main point of this case, provided customers with chips and provided them with chips, but did not exchange chips in cash, and thus, Defendant A’s violation of the Food Sanitation Act and the crime of gambling and gambling is erroneous in the misapprehension of facts.

(2) 피고인 B 피고인은 바쁠 때 이 사건 주점에 나와 일을 도와주었을 뿐이므로 피고인을 피고인 A과 식품위생법위반죄 및 도박개장죄의 공범으로 판단한 제1 원심판결에는 사실오인의 위법이 있다.

B. Each sentence of the judgment of the court of first instance against Defendant A and B (a fine of KRW 10,00,000, confiscation, fine of KRW 5,000,000, fine of KRW 200, and confiscation) and each sentence of the judgment of the court of second instance against the Defendant A and AE (a fine of KRW 10 months, fine of KRW 1,000,000, confiscation, confiscation, and confiscation, Defendant AE: imprisonment with prison labor of KRW 10 months, fine of KRW 1,00,00, KRW 1,000, KRW 200) are too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the judgment of Defendant A’s argument, according to the evidence duly adopted and examined by the court below, G, the customer of the main point of this case, stated that the employee, by changing money into chips, made the game later, and returned money. H, I, and J, who worked at the main point of this case, participated in the game “Tex ex officio” after receiving the defendant’s participation fees from customers and exchanging chips with chips, and made a statement to the effect that the winner of the said game will bring all the money collected. According to the above facts of recognition, the defendant’s assertion in this part is without merit.

B. We examine the judgment on Defendant B’s assertion, and evidence duly adopted and examined by the court below.