The Defendants are not guilty.

1. Facts charged;

A. Defendant A, along with D, E, and F on November 30, 2012 from around 16:40 to around 17:20 of the same day, 200 won, 30 won, 47,900 won, 52 won, 300 won, 40 won, 40 won, 40 won, and 40 won, 40 won, 300 won, and 17:20,000 as hulullar.

(2) Defendant B, while being aware of the fact that the said A, D, E, and F was gambling at the same time, at a place as above (1) and in order to assist the said A, etc. in gambling, the Defendant provided a watch with a watch room and provided a card to assist the said A, etc.

B. Defendant A, along with I, F, and J on November 10, 2012, used 52 cards from around 18:00 to around 19:30 of the same day from around 18:00 to around 19:30 of the same day, 2, etc., 500 won, 1,000 won, 3, and 4, etc. in the manner of giving KRW 1,500, and 39,000 as hullar.

2. According to the evidence submitted by the Prosecutor, it is recognized that Defendant A her gambling "hullar" as recorded in the facts charged, and Defendant B lent a billiard room to Defendant B and provided a card.

However, the proviso of Article 246(1) of the Criminal Act provides that “if gambling is only a temporary entertainment,” it shall not be punished. Here, whether gambling is merely a temporary entertainment should be determined in consideration of various objective circumstances, such as the time and place of gambling, the degree of value of the property in gambling, the social status of the persons who participated in gambling, the degree of property in gambling, and the use of gains from gambling.

(See Supreme Court Decision 84Nu692 delivered on April 9, 1985). The following circumstances acknowledged by the records of this case, namely, ① those who gambling together with the defendant A and the above defendant, were gathered in the billiard room for the operation of the defendant B as the friendship.