The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The defendant did not deceiving victims, and there was no intention to acquire them when he received a restoration order from the victims.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act to determine the assertion of mistake, unless there are special circumstances to deem that the first instance court clearly erred in the determination of the credibility of the statement made by a witness of the first instance, or in view of the results of the first instance court’s examination and the results of the additional examination of evidence by the time of closing argument in the appellate trial, maintaining the first instance court’s determination of the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court shall respect the determination of the credibility of the

(2) On November 24, 2006, the court below found the victim guilty of the facts charged of this case after completing a direct examination of evidence, such as the examination of witness with H, and acknowledged its credibility. The court below clearly erred in the judgment of the court below on the credibility of the victim's statement in the court below to the effect that the defendant, by deceiving the victims and deceiving the victims of the restoration team.

It is not clearly unreasonable to maintain the judgment of the court below on the credibility of the judgment.

Therefore, in full view of the above victims' statements in the court below and the other evidences presented in the court below, the defendant deceivings the victims and received a restoration order equivalent to KRW 165 million from the victims.