The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant is not guilty of fact that he demanded money for the purpose of assisting various affairs related to the C’s business and that he had deceiving C.

B. The sentence of the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The court below asserted that the defendant's misunderstanding of facts was reliable after examining C as a witness and directly reporting and observing C's form and attitude, consistency, clarity, and accuracy at the time of the statement, and the testimony of the above witness as to the facts charged of this case.

The decision was determined.

In light of the spirit of substantial direct trial system adopted by our criminal procedure law, the appellate court clearly erred in the first instance judgment as to the credibility of the statement made by the first instance witness.

Except in exceptional cases where it is deemed significantly unfair to maintain the first deliberation decision on the credibility of a statement, the first deliberation decision on the credibility of a witness's statement should be respected.

There is no circumstance to deem that the judgment of the court below which recognized the credibility of the above statement is significantly unfair.

Comprehensively taking account of the evidence duly adopted and examined by the court below, including the above credibility C’s statement, the defendant promised to “to resolve the victim’s criminal case by receiving a written agreement from the complainant E, and by mobilization of the persons in the judicial agencies, such as the police, the prosecutor’s office, and the court,” and “to resolve the problem of short circuit by mobilization of the persons who are aware of the Korean military power,” and the defendant was granted KRW 6,570,00 from the damaged person under the pretext of mutual agreement and various expenses to be paid to E. However, the above criminal case or short circuit problem is not only of the nature to be resolved by solicitation of the person mentioned by the defendant, but also of the damaged person by mobilization by the defendant.