The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant, as stated in the judgment of the court below, has met F at the time and place indicated in paragraph (2) of the crime of the crime, the Defendant merely stated the so-called “s even corner bank” purchase, and there is no fact that F sells phiphones to F at the above time and place.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. 1) In light of the spirit of substantial direct and psychological principle adopted by our criminal litigation law, the appellate court made a clear error in the first instance judgment on the credibility of the statement made by a witness of the first instance trial.

Unless exceptional circumstances exist to the contrary, the first instance judgment on the credibility of a witness’s statement should be respected (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). 2) F stated to the effect that the Defendant purchased philopon 300,000 won from the Defendant at the time and place specified in paragraph (2) of the criminal facts consistently from the investigative agency to the lower court’s court.

B) On the other hand, as to the reasons why the Defendant met F, the Defendant called “F by asking F to ask F for a even corner,” and asked F to seek, and the Defendant changed F to his seat, thereby going to the name of the Seoul Dongdaemun-gu Seoul Metropolitan Government N.

F There is anything to be seen in D

The Defendant carried F on his own vehicle, and went to the E theater next to the E theater in Gangnam-gu Seoul Metropolitan Government, and went to the coffee shop.

The Defendant presented F and coffee in the coffee shop, and expressed at the corner of even a set.

Since then, F made a statement to the effect that “F did not want even a corner, and the Defendant purchased even a corner door via the Internet.” However, the Defendant did not have F at the time when the Defendant asked F to ask for an even corner door to F.