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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. 1) Fact-misunderstanding 1) The remittance of the amount that the defendant kept for the victim company to the account in the name of the Dispute Resolution E and the account in the name of the F in the Dispute Resolution Co., Ltd. is the payment for the service transaction between the victim company and the above company.
2) Fraud (the part concerning the crime No. 2 of the judgment below) is the fact that the victim knowingly lends money to the defendant with the knowledge of the defendant's difficult economic situation, and there is no fact that the defendant deceivings the victim
B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. In view of the spirit of the substantial direct deliberation principle adopted by the Criminal Procedure Act as to the assertion of mistake of facts, the first instance judgment was clearly erroneous in its determination as to the credibility of the statement made by the witness of the first instance trial in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial.
Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2015Do2551, Apr. 15, 2016). The Defendant asserted to the same effect as the grounds for appeal in this part at the lower court, and the lower court rejected the Defendant’s allegation as to all the facts or circumstances found by the evidence employed by the evidence in detail.
A thorough comparison of the reasoning of the lower judgment with the records.