The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is true that the defendant committed an act identical to that stated in the facts charged, but this does not constitute a crime of gambling.

2. Determination

A. The summary of the facts charged in the instant case is as follows: “Defendant operates the D fishing place “D fishing place” (hereinafter “the instant fishing place”); around October 24, 2013, entered the instant fishing place with approximately KRW 10,000 per person as admission fees from many unspecified customers who visited the said fishing place; and around 330,000 won in total; and then, in a case where the number of guests is 20 or more, with the order of 1 to 5th in the order of the weight of the 1stma, the order of the 1st to 20th 5th math math math math math math math math math math eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth.).

B. The lower court determined that the degree of difference between the amount of the property acquired and the amount of the property acquired does not affect the establishment of the crime of gambling, and that the lower court convicted the person operating a charged fishing place of this case, on the ground that the degree of difference between the amount of the property acquired and the amount of the property acquired does not affect the establishment of the crime of gambling.

C. The crime of gambling opening under Article 247 of the Criminal Code, which is established by the party's own residence for the purpose of profit-making and opening a gambling place under his control. The crime of gambling is an independent crime separate from the crime of gambling, and "gambling" is the party involved.