The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although there is no fact between E main points operated by victim D on the date and time stated in the facts constituting the crime in the judgment of the court below, the court below convicted the Defendant of the facts charged in this case by misunderstanding the facts based on the victim D and witness F's statement without credibility.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act to determine the assertion of mistake, unless there are special circumstances to deem that the first instance court clearly erred in the determination of the credibility of the statement made by a witness of the first instance, or in view of the results of the first instance court’s examination and the results of the additional examination of evidence by the time of closing argument in the appellate trial, maintaining the first instance court’s determination of the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court shall respect the determination of the credibility of the

(See Supreme Court Decision 201Do5313 Decided June 14, 2012, etc.). Based on the aforementioned legal doctrine, the lower court directly finished the examination of evidence on the following grounds: (a) acknowledged the credibility of each of the testimony made by the lower court witness D and F; and (b) convicted the Defendant of the instant facts charged; (c) made the lower judgment on each of the testimony made by the lower court witness D and F clearly erroneous; and (d) made the lower judgment on the credibility of each of the testimony made by the lower court witness D and F.

The defendant's assertion of mistake of facts is without merit, since it seems that maintaining the judgment of the court below on the credibility of the judgment is not significantly unfair.

B. Although determining the allegation of unfair sentencing, the Defendant denies the instant crime until the trial is held, it is erroneous.