도박
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the account that the Defendant remitted money is an account used by the operator of the Internet gambling site, the Defendant transfers money more than 116 times a day or more than 2 months a day, and the remittance was not made at a certain time, and the Defendant requested the transfer from time to time to time to at least 5 to 6 persons in bad name who were the customers of the DVD bank operated by the Defendant, and the Defendant did not know his or her intention to raise money, it is reasonable to deem that the Defendant remitted money to charge game money and gambling.
However, the judgment of the court below which acquitted the defendant shall be erroneous and adversely affected by the judgment.
2. There are statements and bank replies made by the witness G of the lower court, who is the investigative police officer, as evidence that seems to correspond to the facts charged in the instant case, that “the defendant led to the confession of all the facts charged in the police investigation.”
(3) Article 316(1) of the Criminal Procedure Act provides that “A statement made by a police officer during the interrogation of a criminal suspect against the criminal defendant shall be admissible as evidence unless it is proved that a statement made by a police officer G during the trial of the criminal suspect (including a person who has investigated, or participated in, the investigation of the criminal defendant as a criminal suspect before the institution of public prosecution) is the content of the criminal defendant’s statement and that the statement was made in a particularly reliable state” (Article 316(1) of the Criminal Procedure Act). Here, the term “when the statement was made under particularly reliable state” refers to cases where there is little doubt that the statement was made under a particularly reliable state, and there is no doubt about any falsity of the contents of the statement or any specific and external circumstances that guarantee the credibility or voluntariness of the contents of the statement.”