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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the game product of this case established at the defendant's room is boomed by users through the Internet using game money, such as "stop", "bsaw", and "stok". Thus, the rating is revoked on the ground of gambling on December 2, 2011; the defendant registered as a business operator in the name of another person; the upper party's door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, door door door door door door door door door door door door door door door door door door door door door door door door door door, and the employee of the head office is managed without installing a manager program within the place of business to avoid control; in light of the fact that the defendant's statement at the investigative agency and the head office was automatically deducted from the defendant's account, and then the defendant's act of selling profits by self-distribution.
Therefore, the judgment of the court below that acquitted the defendant of the facts charged of this case is erroneous.
2. Determination
A. The crime of gambling opening under Article 247 of the Criminal Act is established by opening a gambling place under the control of the gambling place as a resident for the purpose of profit-making. The crime of gambling is separate from the crime of gambling. The crime of gambling is separate from the crime of gambling. The term "gambling" refers to the case where the participating party gets property and contests the acquisition and loss of property by an incidental acceptance, and the term "for profit-making purpose" refers to the intention of seeking an illegal pecuniary benefit in return for opening a gambling place.
(see, e.g., Supreme Court Decision 2008Do10582, Feb. 26, 2009). B.
. As such,