Defendants are not guilty.

1. The summary of the facts charged is as follows: Defendant A, Defendant B, and Defendant C are those engaged in agriculture; Defendant D is those operating a restaurant; the Defendants are those engaged in the cafeteria.

On 29, 17:00 on 29, 2012, from around 17:00 to 18:00 on the same day, the Defendants: (a) followed G real estate offices in F at the Sinjin-si, and (b) divided 7 cards by using 52 card cards after opening the G real estate office in F at the above place; and (c) then, the Defendants carried the card in possession of the same pattern or serial number on the floor of not less than 3 ballebs, with the first set up on the floor, using the method of 79,800 won in total in total on the number of occasions if the card was set up on the floor.

2. Determination

A. Article 246(1) of the Criminal Act provides that a person who gamblings with property shall be punished by a fine not exceeding five million won or a minor fine.

Provided, That this shall not apply where it is only a temporary recreation.

"" is defined as ".

Therefore, it was discussed on the date of trial whether the Defendants' actions, such as the facts charged, fall under gambling prohibited by the Criminal Act, or the degree of temporary entertainment, and therefore there is no punishment.

The prosecutor presented his opinion to the effect that even though the case is so sold, if the case does not make it so much, if the punishment is easily excluded due to such circumstance alone, it is likely that ordinary people might see the illegality of gambling and easily scambling the foundation. Therefore, whether it is merely a mere one of the types of temporary entertainment should be determined carefully. If the defendants' gambling time, place, occupation, and criminal records of the same kind are comprehensively considered, it cannot be said that the amount of temporary entertainment is the degree of temporary entertainment.

However, even if the elements of gambling are satisfied, if it is merely a temporary entertainment, it shall be excluded from illegality and shall not be punishable, and if it is specific in order to prevent ordinary people from falling into gambling, temporary entertainment.