The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the judgment of the court below which acquitted the defendant of the facts charged in this case, which affected the conclusion of the judgment, is erroneous.

2. Determination:

A. When the prosecutor changes the indictment, he/she shall maintain the existing facts charged as the primary facts charged, and applied for the amendment of the indictment with the addition of the ancillary facts charged, as stated in the following sub-paragraph (c). The subject of the trial was added by this court upon permission.

However, the prosecutor's argument of mistake of facts as to the primary facts is still subject to the judgment of this court, which is examined below.

B. (1) The judgment of the court below on the primary facts charged (1) is consistent to the judgment of the court below. ① The game proprietor of the game of this case stated that C, the proprietor of the game of this case, has no other means of money exchange, and the defendant was merely a person working in a restaurant next to the game room, and the employee F, the employee, stated that the defendant was aware of only the defendant as a customer. ② The former employer also stated that the defendant was not aware of the fact that G, the customer's statement was not consistent, ② It is difficult to believe that there is no consistency, and even if the above statement is made, it is difficult for the defendant to easily believe that he would exchange the card, and made money exchange by gathering the card and dividing the money to the customers. Accordingly, if all the customers are aware that the business owner directly exchanged the money, there is no reason to exchange the money in return for the money exchange from the proprietor's side, and whether the defendant made a statement in the court of appeal that he made a statement in the G, the defendant's name of the defendant.