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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant will deposit the drinking value only up to KRW 100,000 at the time of the instant case into the account transfer later.
There was an agreement with the victim, and there was an intent and ability to repay it.
2. Determination
A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall not reject the statements without permission, unless there is any other evidence that objectively see that the statements made by the witness, including the victim, etc. conforms to the rationality of the contents themselves or empirical rules, or conforms to the evidence or third party’s statements, as well as the appearance or attitude of the witness who is being sworn in the open court after being sworn before a judge, and the appearance or attitude of the witness, and the penology of the statement, etc., which are difficult to record, are taken into account by directly observing various circumstances that are difficult to record.
In addition, considering the difference between the first instance court and the appellate court's method of evaluating the credibility of the statement of the witness at the first instance court, the first instance court's decision on the credibility of the statement made by the witness at the first instance court was clearly erroneous in light of the contents of the first instance court's decision and the evidence duly examined in the first instance court, and the first instance court's decision on the credibility of the statement made by the witness at the first instance court.
Unless there are extenuating circumstances to view that the first instance court’s decision on the credibility of the statement made by the witness of the first instance court is significantly unfair, or the first instance court’s decision on the credibility of the statement made by the witness of the first instance court is clearly unfair, in full view of the results of the first instance court’s examination and the results of the further examination of evidence conducted until the closing of the appellate court’s pleadings, the appellate court stated that the first instance judgment on the credibility of the statement made by