The sentence against the accused shall be determined by a fine of 800,000 won.

The above fine shall be imposed on the defendant.

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the content of the first instance court’s judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the evidence examination conducted by the first instance court and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly unreasonable in full view of the evidence examination conducted at the time of closing argument of the appellate court, except in exceptional cases where it is deemed that the first instance court’s determination on the credibility of a statement made by a witness of the first instance is considerably unfair, the appellate court should not reverse without permission the first instance court’s determination on the grounds that the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313).

In the instant case where it is difficult to view that maintaining the judgment of the first instance court is considerably unfair even if it was based on the result of an additional examination conducted by the time the argument in the trial is concluded, the first instance court’s decision which found the Defendant guilty of the facts charged in the instant case based on such evidence is just and acceptable, and it affected the conclusion of the judgment.