The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant does not commit a crime identical to the facts charged.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 4 million, the order to complete a program 40 million) is too unreasonable.

2. Determination:

A. When determining the credibility of a statement after the court of first instance of the erroneous determination of facts conducted the witness examination procedure, it is necessary to assess the credibility of the statement by taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is going to make a statement in the open court, and the penation of the statement, as well as whether the content itself conforms to the rationality, logic, appearance, or rule of experience, or other evidence.

On the other hand, in principle, the appellate court's judgment on the credibility of the statement made by the witness at the court of first instance is based on the records including the witness examination protocol, so it is difficult to reflect the appearance and attitude of the witness at the time of making a statement that can be considered one of the most important elements when determining the credibility of the statement in the evaluation.

Considering such circumstances, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of a witness’s statement made by the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence examination conducted by the first instance court, or where it is deemed significantly unreasonable to maintain the first instance court’s determination on the credibility of a witness’s statement made by the first instance court by taking account of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time the closing of pleadings is concluded, the appellate court should not reverse the first instance judgment solely on the ground that the first instance court’s determination on the credibility of a witness’s statement made by the first instance court is different from the appellate court’s determination (see Supreme Court Decision 2018Do1748, Jul. 24, 2019).