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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant does not have received 35 million won under the pretext of employment solicitation.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made
(2) The lower court directly examined E, G, H, K, etc., and recognized the credibility of each of the testimony of E, G, etc. and found the Defendant guilty of the facts charged of this case. There are special circumstances to deem that the lower court clearly erred in its determination of the credibility of each of the aforementioned testimony.
It is not considered significantly unfair to maintain its judgment as it is.
Comprehensively taking account of other evidence duly adopted and examined by the court below in each of the above testimony, the defendant can be recognized as having received cash 35 million won from the victim as a deposit for employment of the victim's child. Therefore, the above argument by the defendant is without merit.
B. In full view of all the sentencing conditions indicated in the records and arguments of the instant case of unfair sentencing, and the fact that the Defendant had the same criminal records and losses were not recovered, the lower court’s punishment is too unreasonable.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.