The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) K’s statement prepared by the prosecutor does not fall under the exception of Article 314 of the Criminal Procedure Act, and thus, inadmissible evidence is inadmissible, and there is no other evidence to acknowledge the criminal intent of the defendant, and the court below found the defendant guilty on the basis of the contents of the K’s statement protocol, which erred by misunderstanding the fact and adversely affecting the judgment

2. Determination

A. For the admissibility of evidence under Article 314 of the Criminal Procedure Act to be recognized by a person who has made a statement of a person other than the defendant, such as a statement of a witness, even though the statement was not proven by the statement made in the courtroom, it constitutes a case where the person who has made the statement is unable to make the statement in the official ruling due to death, illness, residence in a foreign country or unknown whereabouts, or any other similar cause, and it is proved that the preparation of the document was made under particularly reliable circumstances.

In this context, “foreign residence” is insufficient only for those who require a statement to be made in a foreign country. In the course of investigation, the investigative agency conducted the statement to confirm whether the person who made the statement was residing in the foreign country and the possibility of departure from the country. If it is probable that the person who made the statement is residing in the foreign country or is staying in the near future for a long time and staying in the country, there is a possibility that the person who made the statement could not make the statement in the future, the contact with the person who made the statement shall be confirmed in advance, and if there is a plan to temporarily return to Korea, the time of departure and the place of stay and the method of contact, etc. shall be confirmed in advance, and even after departure from Korea, the person who made the statement shall be sufficiently provided with opportunities to make the statement by having the person present in the public trial and make the statement at the time of his/her temporary return to Korea