The defendant's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

1. The grounds for appeal (the factual error) concluded a sales contract of KRW 65 million with E and 65 million with respect to the instant bank trees to which D was delegated for sale by D, and concluded the sales contract of KRW 65 million with the said D. Thus, there was no deception by the said D, and even if the said D said D said D would be the sale price of KRW 45 million with respect to the instant bank trees, it was agreed that the remainder of the money excluding KRW 45 million out of the purchase price of the instant bank trees would be the case cost to the Defendant, and thus, the Defendant committed a crime of attempted fraud by believing the Defendant’s statement without credibility even though there was no scope of defraudation of the remaining money (20 million) with respect to the said D’s statement, and thereby, it was erroneous in the judgment of the court below which affected the conclusion of the judgment.

2. In light of the difference between the first instance court and the appellate court’s method of evaluation of credibility in accordance with the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the principle of court-oriented trial, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance court’s judgment on the credibility of the statement made by a witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012); if there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance is clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court; or in exceptional cases where it is deemed that maintaining the first instance judgment on the credibility of the statement made by a witness of the first instance court is remarkably unreasonable in full view of the results of examination of evidence and the results of additional examination by the time of closing argument in the appellate court.