The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant attempted to play a game as much as the money possessed by the DPC bank (hereinafter “DPC bank”), but continued to play a game without knowing the fact that all of the money was consumed, and did not have the intent to acquire the money, but the lower court convicted the Defendant by misunderstanding the facts and sentenced him/her to a guilty.

B. The sentence (7 million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts recognized the criminal intent by the defendant on the grounds that ① there was a clearly aware that the defendant would be punished if he uses the scambling without the ability to pay the price, ② if the defendant had an intention to use the scambling as much as the money he possessed, the amount of money he possessed at the time, the amount of the pre-paid money as the user's price, the amount of money paid as the food cost, and the amount of money paid as the food cost, etc. are known, and it is difficult to obtain the defendant's assertion that he cannot be forgotten. ③ According to the evidence duly adopted and investigated by the court below, the above measures of the court below are just, and there is no violation of law by misunderstanding facts as argued by the defendant and the defense counsel, which affected the conclusion of the judgment.

B. In light of the fact that the Defendant committed the instant crime even though there was a lot of records of punishment for the same kind of crime, and even if there was a lot of records of the judgment on the assertion of unfair sentencing, the sentence imposed by the lower court is unreasonable, taking account of various sentencing conditions as shown in the instant argument, such as the method of the instant crime and the circumstances after the instant crime.