2. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is significantly unfair, the appellate court should respect the determination on the credibility of the statement made by the witness of the first instance, unless there are exceptional circumstances where it is deemed that the first instance court’s determination on

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). Defendant asserted the same as the grounds for appeal of this case at the lower court. The lower court directly examined E, G, etc. witness and rejected Defendant’s assertion on the ground that E’s statement is reliable, and that E’s statement is reliable, and convicted Defendant.

In light of the circumstances revealed in the records and arguments of this case, there are special circumstances to deem that the lower court’s determination of credibility concerning the statement of the witness of the lower court was clearly erroneous.

The defendant's assertion is without merit since it is not remarkably unfair to maintain its judgment as it is, and it is reasonable to compare the judgment of the court below with the evidence.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.