The defendant shall be innocent.

1. On January 3, 2013, from around 21:00 to 23:00 of the same day, the Defendant, along with C, D, and E, took three points first from the Defendant’s house located in Hongcheon-gun F of the Gangseo-gun of the Republic of Korea by using 52 putting three points first from the Defendant’s house located in Hongcheon-gun of the Republic of Korea, and the Jin saw her three points by adding three points to KRW 300 and KRW 100 each time adding one point.

2. Determination

A. The limit of illegality in the crime of gambling should be specifically determined by referring to all circumstances, such as the time and place of gambling, the social status and property level of gambling persons, the nature of property, and circumstances leading to gambling.

(see, e.g., Supreme Court Decision 2008Do5018, Aug. 21, 2008). B.

The following circumstances acknowledged by the evidence duly adopted and examined by the court and the data submitted by the defendant, namely, ① the time when the defendant gambling was made is not deep from 21:30 to 23:00 on the same day, but relatively short time. The location of the defendant's house is not confidential; ② the defendant has a certain occupation, such as operating a human resources company with the trade name "G", ② the defendant has a certain job, and he has a monthly income of about KRW 500,000,000,000, and ③ all other participants in gambling except the defendant are the main part and there is no criminal record related to gambling; ④ the participants in the gambling of this case including the defendant Eul et al. were the members of the community or friendship conference, and the amount of money was 50,000,000 won, and the amount of money was 60,000 won and 50,000 won, and the amount of money was 50,000 won.