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Defendant
The appeal by the prosecutor is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below that found the Defendant guilty of the facts charged of this case on the ground of the testimony of E without credibility, etc., although the Defendant merely lent money to E or received CDs through Kwikset Service from E, he did not purchase a phiphone from E. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The prosecutor (a year of imprisonment and an additional collection of 1.3 million won) of the lower court is deemed to be too unhued and unfair.
2. Determination
A. Although the lower court also asserted the same purport as the grounds for appeal, the lower court found the Defendant guilty of the facts charged in the instant case by comprehensively taking account of the evidence duly adopted and examined, and rejected the Defendant’s above assertion on the grounds of detailed reasons under the title “determination of the Defendant and his defense counsel’s assertion”.
Further to the circumstances stated by the court below, the following circumstances acknowledged by the record are as follows. The defendant made a statement at the investigative agency that he did not contact E at the first time on July 14, 2012 at the investigative agency that he did not meet the defendant's monetary position, and the defendant respondeded his statement that he would lend 500,000 won to E if he was asked to lend money to the defendant, and there is no consistency or probability in the statement. On the other hand, E has consistently made a statement from the investigative agency to the court of the court of the court of the court below to the court of the court of the court below, and it is reliable in the statement of E because it is relatively specific about the core circumstances in selling phiphones to the defendant, and sending Makwikset service that has been conveyed by narcotics in the case to the defendant's argument, and it is not easily obtained against food. In light of the fact that the defendant's statement is not easily accepted.