The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts (the part of the Daejeon District Court Decision 2018 High Court Decision 2018 High Court Decision 1056) cannot be deemed to have been proven to the extent that there is no reasonable doubt that the Defendant committed a crime as stated in this part of the facts charged by deceiving the victims in the same manner as stated in this part of the facts charged. In full view of D’s statements without credibility and other evidence, the Defendant committed a crime as stated in

Therefore, the judgment of the court below which convicted of this part of the facts charged is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The lower court convicted the Defendant of this part of the facts charged on the ground that, based on the relevant evidence as indicated in its reasoning, it is recognized that the Defendant committed a crime as stated in this part of the facts charged.

B. Although the Defendant consistently denied this part of the facts charged from the investigation stage to the trial court at the court at the trial, considering the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the Defendant is recognized as having received money from the victims in the same manner as stated in this part of the facts charged.

Therefore, we do not accept the defendant's assertion of mistake.

1 D made a statement that corresponds to this part of the facts charged at the investigative agency and the court below's decision.

그런데 ① 이와 같은 D의 진술은 직접 경험하지 않고는 진술하기 어려울 정도로 구체적인 점, ② D의 지적 수준을 고려하면 D이 허위의 사실을 지어내서 진술한 것으로 보이지는 않는 점, ③ D이 원심법정에서 보여준 꾸밈 없는 진술 태도 등에 비추어 D이 위증의 벌을 감수하면서까지 허위로 진술하였다고 보기는...