The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for eight months.

except that this shall not apply.

1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below on the Defendants (each imprisonment of 10 months, each suspended sentence of 2 years, each community service order of 120 hours, etc.) is too unreasonable.

2. The crime of this case on the sales market is that Defendant A operated a game room in such a way as to issue the points card which is able to deal to customers, leaving customers engage in speculative acts, and Defendant C exchanged the points card that they received. Such crime by the Defendants is a necessity for strict punishment because it does not cause severe social harm, such as encouraging speculation and hindering sound labor practices. Defendant A is the owner of the game site in this case. Defendant C, as the owner of the game site in this case, as the owner of the business transferring the game site in this case, was entitled to five million won in return for managing the facilities and duties of the game site while transferring the game site in this case to Defendant A. As the owner of the game site in this case, it appears that Defendant C would actually operate the game site in cooperation with Defendant A in light of the size, operation period, and exchange period of the game site in this case.

However, in full view of the circumstances favorable to the Defendants, such as the Defendants’ recognition of all the instant crimes and their depth, and the Defendant A appears to have issued points cards as business owners of the instant game site, but did not actively encourage such transactions, and that he did not directly exchange or arrange such transactions, and that the Defendants did not have any record of the same kind of power and the suspension of execution, etc., the sentence imposed by the lower court is somewhat unreasonable, in view of all the sentencing conditions as shown in the instant pleadings, including the Defendants’ age, family relation, criminal records, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and the circumstances after the crime.