2. Whether gambling, which takes property on the betting book, constitutes gambling prohibited under the Criminal Act, or is limited to temporary entertainment, shall be determined in consideration of various objective circumstances, such as the time and place of gambling, the degree of value of the property in gambling, the social status of the persons who take part in gambling, the degree of property, and the use of gains from gambling, etc.

(See Supreme Court Decision 84Nu692 delivered on April 9, 1985, etc.). In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the defendant made approximately two hours and forty hours and forty hours and more as well as C, etc.; ② the amount seized at the time of the instant case exceeds KRW 445,00, and ③ the place during the instant case’s gambling is the real estate intermediary office; ③ the place during the instant gambling is the real estate intermediary office, and the defendant’s gambling was carried out by preparing a consignee at the place at the office located outside of the office, not the open space, and the degree of gambling is sufficient; and it is difficult to view the Defendant’s above assertion as being merely a temporary entertainment.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.