The above compensation order may be provisionally executed in the last order of the original judgment.

3. The injury to Qu and S (2018 Highest 1294) is not a criminal defendant, but a criminal fact

8. Fraud against Victim B (2018 Highest 2153) was only known by BI’s instructions only on identification cards and account numbers, and did not participate in a crime, and the lower court’s punishment (two years and six months of imprisonment) is too unreasonable.

2. Determination:

A. When considering the difference between the original court and the appellate court’s method of evaluation of credibility in accordance with the spirit of the principle of substantial direct examination adopted by the Criminal Procedure Act as an element of the principle of direct examination, the appellate court should not reverse without permission the lower court’s judgment on the sole ground that the lower court’s determination on the credibility of the statement made by the witness was clearly erroneous in light of the contents of the original judgment and the evidence duly examined by the original court, or that the lower court’s determination on the credibility of the statement made by the witness was clearly erroneous in light of the evidence examination results at the original court’s trial and the evidence duly examined by the appellate court, or that additional evidence examination results have been conducted by the time of closing argument in the appellate trial, it is obviously unreasonable to maintain the lower court’s determination on the credibility of the statement made by the witness only on the ground that the lower court’s determination on the credibility of the statement made by the witness is different from the appellate court’s determination (see, e.g., Supreme Court Decisions 2011Do5313, Jul. 24, 2019).