The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to the facts of this case, which found the defendant guilty with only the statements of the victims, although the statements of the victims conflict with each other and do not conflict with the interest of the victims, since there was no injury to the victims as shown in the facts of this case.

B. The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision and the evidence duly examined in the first instance court was clearly erroneous in the first instance court’s decision on the credibility of the statement made by the witness in the first instance trial in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial.

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 by the time when the appellate trial is closed, the appellate court should not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the judgment made by the appellate court (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012). B. 1) on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is not clearly unfair (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

Recognizing the instant facts charged, the lower court convicted the Defendant.

2) However, in light of the contents of the lower judgment and the evidence duly examined by the lower court, the lower court’s determination on the credibility of the witness E and F’s testimony is clearly made, in light of the contents of the judgment and the evidence duly examined by the lower court.