The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Defendants A, B, C, and K consistently stated in the investigative agency and the court of the court below that they engaged in gambling on December 18, 2012, as well as on December 17, 2012. No evidence was found that Defendant C and K had engaged in gambling at the above time. The recording of the conversation between Defendant A and C, with the content that they engaged in gambling at the time, is difficult to believe that the conversation was in progress according to the intention of Defendant A.

Therefore, the judgment of the court below which acquitted Defendant A, B, and C even though the crime of gambling was recognized is erroneous in the misapprehension of the legal principles.

나. 피고인 C의 사기의 점 피고인 C가 2013. 1. 20. 사기도박을 시작하기 전에 B, D과 같이 있었고, 위 일자의 도박으로 60만 원을 땄으며, 사기도박에 가담한 D에게 10만 원을 줬다는 점을 종합하면 피고인 C가 사기도박에 가담한 사실이 인정됨에도 무죄를 선고한 원심판결에는 사실오인의 위법이 있다.

2. Determination

A. On December 17, 2012, Defendant A, B, and C’s gambling 1) around December 17, 2012: (a) Lambling Defendants: (i) around the first day from December 17, 2012 to December 18, 2012, with one name “P” where K and name could not be known between K and the new wall; (ii) through one name “P”; (iii) the total amount of KRW 20 million from 906 to 52, a card was received from each of 4 and two of them were examined on the floor; and (iv) each of them was made using one card in accordance with the order determined in comparison with figures and pattern; (iv) the last seven card was drawn to each of them; and (v) the one having the highest number or the highest pattern of the card or the one having five times the card was distributed to each of the so-called “the one having five times the card and five times the card was distributed to each of the so-called “the other.”