The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) was that the Defendant, around August 25, 2016, lent KRW 1 million to AG for gambling participants in need of money in the mountain gambling place (a warehouse O; hereinafter “the instant gambling place”) located in the area of about 50 square meters wide from Jinju-si, Jinju-si around August 25, 2016, and played the role of “tts” to lend money to the gambling founder or the gambling replacement.

As such, the objective act of a principal offender in the crime of opening a gambling place is recognized, and when considering the statements made by the prosecutor's office of the defendant, the statements made by the joint defendants of the court below, etc., an implied and indirect joint intention relationship is acknowledged between the defendant, theO, and the other joint defendants.

Nevertheless, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant opened a gambling place in collusion with the above butt with theO, etc.

In light of the above, the court below acquitted the defendant of the facts charged or erred by misapprehending the legal principles as to the joint principal offender, which affected the conclusion of the judgment.

2. Determination

A. A. Amendments to Bill of Indictment (Addition of Preliminary Facts) The prosecutor shall maintain the facts charged of opening a gambling place which was acquitted by the court below in the first instance trial as the primary facts charged, and shall use the name of the crime as “helping and aiding the opening of gambling place”, “Articles 247 and 32 of the Criminal Act”, and the facts charged are as follows.

1) A request for amendments to Bill of Indictment was filed with the same content as the statement in the paragraph, and this court permitted this and added the subject of the judgment.

In the following, the grounds for appeal against the primary facts charged by the prosecutor and the ancillary facts added in the trial of the party are examined in order.

B. Determination of misunderstanding of facts and misapprehension of legal principles as to the primary facts charged 1) The facts charged in a criminal trial shall be proven by the prosecutor, and the judge shall be free from reasonable doubt.