2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2010Do9633 Decided November 11, 2010, etc.). B.

According to the evidence duly admitted and examined by the court below and the trial court, G, a police officer, made a disguised visit to the game of this case operated by Defendant A as if he was a guest, and purchased points obtained by the said customer by using the game from the nameless customers alleged to be the reporter, and the fact that G sold points obtained by himself to other customers with no name-based customers.

C. However, in full view of the following additional circumstances acknowledged by the court below and the evidence duly admitted and investigated by the court below on the various circumstances presented by the court below, Defendant A neglected to deal with the points obtained by customers in cash in the game of this case, such as the facts charged, in the game of this case, as stated in the facts charged.

It is difficult to view that Defendant B or C aided and abetting it as having been proven without reasonable doubt, and there is no other evidence to acknowledge it.

Therefore, the judgment of the court below is just and acceptable, and it is so decided as per Disposition by mistake of facts.