The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) was found to have committed fraud against Defendant A and B on June 1, 2017 by wearing a special siren capable of identifying the special card. However, D was deemed to have engaged in gambling. However, D was to wear a special siren to monitor whether a person who has lost a large amount of money in his/her gambling, did not commit fraud.

The court below showed that D was aware of the occurrence of a case after D had been exposed to wear a special siren or that D had taken the view of partially recognizing his mistake at the police box, but D was merely a mere fact that D would pay the agreed amount by taking Defendant A and B’s directions and intimidation.

2. Determination on the grounds for appeal

A. The summary of the facts charged 1) Defendant B, Defendant D, E, and F, along with G (the suspension of indictment on the same day) from 17:00 to 23:00 on April 2017, 2017, and from 17:00 to 23:00, the original business chain office C operated by Ulsan Nam-gu H divided the card four by using trum card 52, and carried out hosting up three times according to the sequence, and the last package was confirmed by verifying the last package, and the number of persons who are lower in the form of different to each other with the betting amount is equal to the amount of betting amount, and the said person wred up with approximately KRW 3 million up to KRW 10 million from 300,000 to KRW 10,000 from 23:00 (hereinafter referred to as “gambling”).

(2) Defendant A, B Defendants D, E, F, and I, together with G and J (Suspension of Prosecution on the same day), have four copies of the card from 17:00 to 23:00 on May 2017, 201, which was operated by K in Ulsan-gu H, Ulsan-gu, by using 52 copies of the card, and then have three times the card in hand by printing up to three times according to the sequence, and the person with a card of a lower number than a different pattern from a different pattern.