A. At the time of mistake of facts, misunderstanding of legal principles, and violation of the rules of evidence, the Defendant did not know at all the victim H, and did not explain the investment to the victim.

However, the Court only transferred money to E by the J to the Defendant’s account upon the request of the E to deliver money to the Defendant’s account.

In addition, the Defendant did not have anticipated that E would take over the investment money of this case, and rather, the Defendant invested money to E, but suffered damage that could not be returned.

Therefore, there was no criminal intent by deceiving the victim, and there was no criminal intention.

Nevertheless, the court below found the victim and I guilty of the facts charged in this case by judging that they are reliable, and there is an error of misconception of facts, misunderstanding of legal principles, or violation of the rules of evidence.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

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 contents of the first instance court's judgment and the evidence duly examined in the first instance court's judgment, or the first instance court's determination on the credibility of a statement made by a witness of the first instance is clearly erroneous, except in exceptional cases where it is deemed that maintaining the first instance court's determination on the credibility of a statement made by a witness of the first instance is remarkably unfair in light of the evidence examination results in the first instance court and the evidence duly examined in the first instance court's judgment and the result of additional evidence examination conducted by the time of closing the arguments in the appellate court, the appellate court is merely different from the appellate court's determination on the credibility of a statement made by a witness of the first instance court.