The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (the part concerning the referral of entertainment receptions) is only the fact that the Defendant requested the E, H, etc. who is a singing practice room, such as a singing practice room, and made the Defendant in concert

On March 11, 2018 and May 5, 2018, when various circumstances exist, D's statement is not reliable, because it is clear that D's statement is not reliable because it is demanded that D's guest will be partially shot for the purpose of reporting.

Nevertheless, the judgment of the court below which found D's credibility of the statement and found D guilty of this part of the facts charged is erroneous by misapprehending the legal principles and thereby affecting the conclusion of judgment

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. 1) In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, the appellate court shall respect the first instance judgment as to the credibility of the statement made by the witness, unless there are exceptional circumstances to deem that the first instance judgment on the credibility of the statement made by the witness was clearly erroneous (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The lower court directly examined D and recognized the credibility of the testimony and found the Defendant guilty of the facts charged in this case by recognizing the credibility of the testimony. The circumstance of the Defendant’s assertion is difficult to reject the credibility of the testimony, and no other circumstance exists to deem that the lower court clearly erred with the lower judgment on the credibility of the statement made by the witness.

Rather, the following circumstances that can be acknowledged by the evidence duly adopted and examined by the court below, and E, which had been present with D on March 11, 2018, was sent to the site by a police officer, and E, which was immediately moving from a room where D was present, to a room other than a room, and E, upon being examined by the police.