In such cases, a general restaurant business is a business which cooks and sells foodstuffs, and drinking together with meals is allowed, any person shall be equipped with facilities and equipment prescribed by the Presidential Decree and make a report thereon in advance.

Nevertheless, the Defendant, without reporting to the competent authorities, provided 6 general restaurants with equipment, such as frigerites, 10,000 won per person, 15,00 won per person, and 45,00 won per general restaurant business with a total of 15,00 won, for the purpose of attracting stuffs in the above “B” from December 15, 2017 to early February 2, 2018.

2. Determination

A. In a criminal trial, criminal facts should be found based on strict evidence with probative value, which leads to a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof is not sufficiently enough to achieve such conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined with the defendant’s benefit even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). B.

The following circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, ① the type of accommodation business the Defendant operated, ② the Defendant did not seem to have played a leading role in the process of gambling or preparing food with guests. ③