사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. In fact, the defendant and the victim are in an internal relationship, not by deceiving the victim, but by deceiving the victim a total of KRW 75 million, and the victim voluntarily remitted the above money to the defendant in order to resolve the monetary relationship of the defendant when they want to be related to each other. Therefore, in relation to the fraud, the defendant's deception (it is not the victim's remittance of money due to mistake, and there is no relation between the deception and the disposal act).
There was no intention of fraud and fraud.
In addition, the defendant does not have sexually related images with the victim, and there is no fact that he has threatened the victim by borrowing them.
B. The punishment of the lower court (one year and four months of imprisonment) is too unreasonable.
2. Determination
A. In light of the spirit of substantial direct deliberation under the Criminal Procedure Act as to the assertion of misunderstanding of facts, the first instance judgment was clearly erroneous in the determination on the credibility of the statement made by the witness of the first instance trial in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial.
Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from that of the appellate court’s judgment (see, e.g., Supreme Court Decision 2015Do2551, Apr. 15, 2016). The Defendant asserted to the same effect as the grounds for appeal in this part at the lower court. The lower court examined the victim in the court and recognized the first instance judgment based on the evidence employed, including the statement.