All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: F, a substantial principal debtor, borrowed the instant loan from the victim; and the Defendants are merely joint and several guarantors. The Defendants did not deceiving the victim, nor did they have obtained the intent to defraud, and there is no relation between the Defendants’ act and the dispositive act of the victim.

Nevertheless, as the court below found the defendant guilty, the court below erred by misapprehending the legal principles.

2. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision on the credibility of the statement made by the witness at the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court’s first instance court’s evidence.

Unless there are extenuating circumstances to see, or in full view of the results of the examination of evidence and the results of additional examination conducted by the court of first instance until the closing of pleadings, maintaining the first instance judgment on the credibility of the statement made by the witness of the court of first instance is significantly unfair, the appellate court shall respect the first instance judgment, and without any such exceptional circumstances, shall not reverse without permission the first instance judgment on the acknowledgement of the facts of the first instance judgment (see, e.g., Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 2016Do18031, Mar. 22, 2017). The Defendants asserted to the same effect as the grounds for appeal at the court of first instance, and the lower court provided the victim with the explanation related to the business, mainly by the Defendants, and provided the victim with interest on the business, or with the loan certificate borrowed by the Defendant, as well as the testimony of the victim in the court of first instance.