The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is not a loan of KRW 3 million from the victim, but a provisional payment was made, and the judgment of the court below which judged otherwise and sentenced the defendant guilty.

2. The first instance court’s judgment was clearly erroneous when it was intended to re-examine the first instance court’s judgment and subsequently determine it ex post facto, although there was no objective reason to affect the formation of a documentary evidence in the process of the trial.

There should be reasonable grounds to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules to maintain the judgment as it is, and without such exceptional circumstances, the judgment on the fact-finding of the first instance court should not be reversed without permission (see, e.g., Supreme Court Decision 2016Do18031, Mar. 22, 2017). In addition, in a case where a witness’s statement is generally consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any separate evidence to deem that the witness’s statement conforms to the facts charged objectively and objectively lacks credibility (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In the lower court, the Defendant asserted the same purport as the grounds for appeal, and the lower court rejected it and found the Defendant guilty of this part of the facts charged.

In light of the above relevant legal principles, a thorough examination of the judgment of the court below is conducted with the evidence duly adopted and examined by the court below, and the witness G of the court of first instance seems to be written “I” in the process of investigation.

(Evidence Records 51 pages). etc. discussed the cosmetics-related business around March 2018, and the witness took the role of executing 20,000 won which the victim has made temporary investment and taking the final decision on the expenditure.