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The defendant shall be innocent.
Reasons
1. The summary of the facts charged of this case from around 02:00 on April 25, 2007 to around 02:50 on the same day, the Defendant: (a) divided each of seven serial numbers of the same numbers or the same pattern of non-satis in accordance with the agreed provisions, such as giving up the card; and (b) provided each of the seven cards with a total sum of KRW 2,795,000,00 in the number of 1,00 to 4,00,000 to the winners; (c) provided that a person who carried the card with the same number or the same pattern of non-satis in line with the agreed provisions, including giving up the card; and (d) provided the card so that he can be aware of the “huleule” and the same place of gambling for about 50 minutes at around 50 minutes in total with a total of KRW 2,795,00,000.
2. The Defendant and the defense counsel asserted that at the time, the Defendant and the defense counsel received KRW 200,00 from the person who was frequently involved in the party room at the request of the person who was not aware of the party room at all, and did not know about the gambling at all. At the time of crackdown, the Defendant and the defense counsel did not assist the party room in gambling because they were arrested at the same time.
The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction shall be based on evidence with probative value that leads a judge to feel true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). If there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2008Do9890, Feb. 12, 2009). The evidence consistent with the facts charged in the instant case submitted by the public prosecutor, the money seized by the defendant from the arrested person at the D party page operated by the defendant, the list and list of seized articles in which the cards, etc. are recorded, and the list of seized articles in which the defendant was deprived at the time.
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