The defendant's appeal is dismissed.

1. Grounds for appeal;

A. The defendant, after consulting the victim with N, J, etc. to make an investment, has received an investment from the victim and invested in the above N, J, etc. as a result of consultation with the victim. The court below which recognized that the defendant's statement without credibility is established by reliance on the victim's statement without deceiving the victim as stated in the facts charged in this case, and thereby misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts regarding the victim's statement is examined as to the credibility of the victim's statement. Considering the difference between the first instance court and the appellate court's method of evaluation of credibility in accordance with the spirit of substantial direct trial adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the first instance court's determination on the credibility of the statement made by the witness of the first instance court is clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or there are exceptional circumstances where it is clearly deemed that maintaining the first instance court's determination on the credibility of the statement made by the witness of the first instance court is significantly unfair in light of the first instance court's results of the first instance examination and the evidence duly examined by the court of first instance and the evidence duly examined by the court of first instance, the appellate court's determination on the credibility of the statement made by the witness of the first instance court is not without permission, just because the first instance court's determination on the credibility of the statement made by the witness of the first instance court is different from the appellate court's determination (see, see, e.

In the case of consistency in the part, the credibility of the statement is arbitrarily denied on the sole basis of the fact that the statement on other minor matters is somewhat inconsistent.