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The defendant shall be innocent.
Reasons
1. The summary of the facts charged from around 23:00 on December 29, 2012 to around 01:00 of the same month, the Defendant, A, E, F, and H divided the fourth floor of the Kimpo-si P building into four initial cards using 52 cards, and stored the remainder on the floor, and three times again exchange non-necessary cards and three times repeating the card, and theless pattern and figures of the card remaining after which the other person has different numbers, compared to the card with the card with the largest number of figures, a person whose number is lower than two hundred thousand to five hundred thousand won per time is referred to as “hambling.”
2. Determination gambling means that two or more persons determine the acquisition and loss of the property by taking advantage of the property between them. As such, if one of the gambling parties controls the number of his/her failure by taking advantage of the means of fraud, such as so-called fraud gambling, it is established only for fraud due to lack of friendlyness in gambling, and the crime of gambling is not established.
(see, e.g., Supreme Court Decision 2010Do9330, Jan. 13, 2011). The following circumstances that may be recognized by the record, i.e., the month between A and December 2, 2012:
7. Gambling
A. A. A. B. a.m., on December 29, 2012, the Defendant, E, F, and B had been informed of the person who had been engaged in gambling at the gambling site, and the video was taken.