The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) from around 19:30 on November 8, 2014 to 20:30 on the same day, the Defendant, along with C and D, divided the number of 7 of each card using 52 in the tourism bus container office located in Daegu Seo-gu by using 52 card; and (b) a person who possesses the same number or a serial number of the same non-satis in the same quantity or the same non-satis in line with the agreed rules, such as dumping the card, carried the card by a person who has satisfyed or possessed by satisfying the card in his hand, and a person who satisfys the card by paying 1,000 won or 2,00 won to the winners.

2. According to the evidence duly adopted and examined by this court, the following facts can be acknowledged: ① the sum of the printing money confiscated at the instant gambling site is only KRW 111,00,00, and the money held by the Defendant is merely KRW 24,000, ② The place of gambling is a container office in which tourist bus officers rest, and the Defendant et al. al. ambling by using the card kept therein, but did not separately pay usage fees or opening expenses; ③ the Defendant and C and D received money of KRW 3,00 per hour during a short period of about one hour after eating.

In full view of the background of the gambling in this case and the amount of the property and the method and frequency of gambling revealed in the above facts of recognition, it is reasonable to view that the illegality of gambling committed by the defendant is dismissed as it is merely a temporary entertainment.

3. Accordingly, the facts charged in this case constitute a crime under the proviso of Article 246(1) of the Criminal Act, and thus, is not guilty under the former part of Article 325 of the Criminal Procedure Act.