The appeal is dismissed.

The grounds of appeal are examined.

1. In a case where the issue is whether to receive or receive money is the issue, where the defendant denies the receipt of money, and there is no objective evidence, such as financial data to support this, in order to find the defendant guilty only with the statement made by the person who provided the money and valuables, the admissibility of evidence is required, and there is credibility to exclude a reasonable doubt. In determining credibility, it is also necessary to also examine whether there is a relationship between the defendant's own rationality, objective reasonableness, consistency before and after the statement as well as his human being, in particular, there is a suspicion of a crime committed against him, and there is a possibility that the investigation may be initiated, or there is a possibility that the admissibility of the statement may be denied, even if there is a possibility that the statement would affect the statement to escape from the imminent place, even if there is a suspicion that the statement might not be admissible, such as intimidation or revolving.

(see Supreme Court Decision 2010Do14487, Apr. 28, 2011). In the event that a person asserts that he/she provided money over several times is able to trust his/her statement, and where the part concerning the statement that provided money is not reliable as it is, the credibility of the statement that provided money over several times is considerably weak. Thus, even if objective circumstances, etc. that make it difficult to believe that the part concerning the statement that provided money was provided are not revealed, it is not permissible in principle to recognize the fact that he/she received or received the remaining money without permission on the ground of only the statement made by the person claiming that he/she provided money over several times.

Supreme Court Decision 2009No. 15 Decided January 15, 2009