The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. On March 25, 2015, the Defendant: (a) received a receipt from the victim, who is a lessee, to the effect that, in cash, KRW 4.5 million, out of KRW 10 million, was deducted from the original recovery expenses, unpaid water charges, etc. on April 13, 2015, the Defendant paid KRW 5 million, as remittance, to the account; and (b) issued a receipt to the effect that, on April 13, 2015, the Defendant received KRW 10 million from the victim’s side (hereinafter “the receipt of this case”).

Therefore, the court below found the defendant guilty of the facts charged of this case, although the defendant made a false statement to the victim as stated in the facts charged of this case and received the receipt from the victim, and the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (an amount of eight million won) is too unreasonable.

2. Determination

A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court shall not reject the statement without permission, unless there exist any other evidence that can be objectively deemed to lack credibility in light of the victim’s statement as a substitute and consistent with the facts charged (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2008Do7917, Apr. 15, 2005; 2004Do3628, Feb. 28, 2012).