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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding ① A Co., Ltd. (hereinafter “D”) did not place an order of KRW 146 million to F operated by the injured party, and merely placed an order of KRW 32,736,00,00 in the original form of KRW 32,736,00, and ② The form of a letter of the origin and the letter of the purchase actually used by D and the letter of the purchase (as of April 20, 201) submitted to an investigative agency and the letter of the intent to purchase (as of September 13, 2010) are different; ③ G cannot be ruled out the possibility of forging the instant fair deed in collusion with the injured party; ④ When considering the fact that the original form confirmed as a result of on-site verification by an investigative agency could not be actually used in D, the lower court found the Defendant guilty of the facts charged in the instant case, even though it was sufficiently erroneous.
B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment) is too unreasonable.
2. Determination
A. 1) Determination on the assertion of mistake of fact 1) In light of the spirit of substantial direct deliberation and the difference between the first instance court and the appellate court’s method of evaluation of credibility, the first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance court.
Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court, in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment.