The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that the Defendant reported the crime of gambling with C, D, E, and F, and that he did not commit fraud by himself.

2. Before the judgment on the grounds for appeal was made ex officio, the record reveals that the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution, etc. at the Incheon District Court on October 16, 2014, and the above judgment became final and conclusive on May 4, 2016. The crime for which the judgment became final and conclusive and the crime of the lower judgment in relation to the concurrent crimes under Article 39(1) of the Criminal Act are determined in consideration of equity with the case where the judgment is rendered simultaneously under Article 37 of the Criminal Act, and thus, the lower judgment cannot be maintained.

The Defendant’s assertion of misunderstanding the facts is still subject to this Court’s determination despite the above reasons for reversal. As such, the health team, the evidence duly adopted and examined by the court below, and the witness J and P testimony. In other words, the following circumstances acknowledged by the court below, which are: (a) the Defendant conspireds to use a special siren and wood card against I, etc. in advance with I; (b) the Defendant actually purchased a special siren from J and arrived at the gambling site; (c) the Defendant arrived at the gambling site; and (d) the I had the special siren identified with that special siren used in the gambling site; (c) the Defendant worn the above special siren; (d) the Defendant d, D, E, F, G, and one-hour-hour-hour-time-time-time-long-time-time-time-based-time-based-time-based-time-based-time-based-time-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based------------------------