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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant, by mistake of fact, did not sell philophones to E, the lower court convicted him of this part of the facts charged. In so doing, the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.
B. The sentence of the lower court (one year and six months of imprisonment, additional collection of KRW 3.7 million) 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 the testimony of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, the first instance court’s determination on the credibility of the testimony of the first instance court was clearly erroneous, in light of the contents of the first instance judgment and the evidence duly examined in the first instance court.
Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of further examination of evidence conducted by the court of first instance until the closing of pleadings, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court's judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). According to the above legal principles, according to the evidence duly adopted and examined by the court below, the court below did not seem to have clearly erred in the judgment on the credibility of the testimony of the court of first instance or remarkably unfair in its recognition of its credibility, but the defendant's assertion that the defendant sold the phone to E-phone at the date and place specified in paragraph (1) of the criminal facts in the judgment of the court below cannot be accepted.
B. Illegal assertion of sentencing.