A. The prosecutor (1) misunderstanding of facts received additional payment of KRW 1100,000 and KRW 1750,000 in cash from the account under the name of S by deceiving the victim.

(2) The lower court’s sentence of unreasonable sentencing is too unjustifiable and unreasonable.

B. The lower court’s sentence is too too unreasonable.

2. Determination

A. (1) With respect to the prosecutor’s assertion of mistake, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, or there are exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is considerably unfair in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court

(2) On November 24, 2006, the court below found the Defendant not guilty of the facts charged in this part of this case on the following grounds: (a) the court below decided that the Defendant was not guilty of the facts charged in this case with the following purport: (b) the Defendant’s testimony was not sufficient to recognize the facts charged in this case after the direct examination of evidence, including the process of witness examination as to D; and (c) the court below’s determination of the credibility of the above statement was clearly erroneous.

It is not clearly unreasonable to maintain the judgment of the court below on the credibility of the statement.

At the end of rejecting the credibility of D’s legal statement, it is difficult to believe that it is the police officer’s written statement, and only the written statement in C’s written statement, written statement of the police officer C’s written statement, written complaint in C’s written statement, and passbook copy is insufficient to recognize this part of the facts charged, and there is no other evidence to acknowledge it.