The defendant's appeal is dismissed.

1. The summary of the grounds for appeal did not state that the Defendant merely borrowed the instant money from C, and did not state that he would release E to the victim.

2. Determination

A. The Korean Criminal Procedure Act adopts the principle of court-oriented principle that the formation of conviction and innocence against the substance of a criminal case ought to be based on a trial in a court. The evidence directly examined in the presence of a judge can only be based on a trial, based on the original evidence near the facts subject to proof, and based on a trial, the original evidence near the facts subject to proof should be used as the basis of a trial, and the use of a substitute for the original evidence should not be permitted in principle.

In determining credibility of a statement after the first instance court conducted the witness examination procedure, not only is it consistent with the rationality, logic, morality, or rule of experience of the content itself, but also conforms to evidence or third party's statement, but also the appearance and attitude of a witness who is going to a public statement in the open court after being sworn before a judge, and the penance of the statement, etc., which are difficult to record in the witness examination protocol, can be evaluated as credibility by directly observing various circumstances that are difficult to record.

On the other hand, the appellate court's determination of credibility of the statement made by the witness of the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle, so it has an essential limitation that the appearance and attitude of the witness at the time of the statement that can be considered one of the most important elements in determining credibility of the statement can not be reflected in the evaluation of credibility.

Considering the difference between the first instance court and the appellate court’s method of evaluating credibility in light of the aforementioned spirit of the principle of substantial direct examination as seen earlier, the first instance judgment and the evidence duly examined in the first instance court.