The prosecutor's appeal is dismissed.

1. The lower court erred by misapprehending the legal doctrine and rendered a judgment of not guilty, although the gist of the grounds for appeal in this case was found guilty.

2. Determination

A. The summary of the facts charged in the instant case is an unemployment share in which Defendant A manages the overall game site in Ulsan-gu C and the second floor D Gameland, and settle profits, exchange, etc., and Defendant B is an employee of the foregoing gameland.

From December 5, 2016 to April 11, 2017, Defendants conspired to set up 30 games in the above gameland with the total of 30 and 30 games, and offered them for the use by customers, and then exchanged game results to customers by converting 10,000 points acquired as a result of the game into 10,000 won.

B. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the instant facts charged cannot be deemed as proven without reasonable doubt, and there is no other evidence to acknowledge otherwise, on the grounds that the key evidence is neither the admissibility nor probative value of the exchange video CD nor the informant did not appear in the court.

① 이 사건 게임장의 종류나 실행 형태 즉, 게임기가 이른바 ‘똑딱이’에 의해서 자동으로 실행되는 점, 피고인 B이 들어갔다

In light of the fact that it seems that the part of the original right, which appears to have been incurred in the smoking room in the game room, appears to have been possessed by an anonymous informant, it is true that there is a doubt as to whether the defendants did not exchange the result of the game in the smoking room through the mouth in the smoking room.

② However, the facts charged should be proven based on strict evidence. First, considering the admissibility and probative value of CDs in which the same video files taken by the informants without the name are stored, the following are examined.