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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles)
A. The Defendant, after entering the victim’s residence, talks only with the victim about the issue of debt with the victim, and did not receive a request to leave from the victim.
B. Although it is true that the victim of the misapprehension of the legal principle requested the defendant to leave the land, the victim did not return money without entering into a sales contract even though he received approximately KRW 140 million from the defendant after being delegated the purchase of the land from the defendant. The defendant's act does not violate the social rules.
2. Determination
A. In light of the spirit of substantial direct deliberation adopted by the Criminal Procedure Act on the assertion of mistake, the first instance court’s determination on the credibility of the statement made by a witness of the first instance is not necessarily reversed solely on the ground that the first instance court’s determination on the credibility of the statement made by a witness of the first instance is different from the appellate court’s determination on the ground that there are special circumstances to deem that the first instance judgment was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined by the first instance court, or that the first instance court’s determination on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court.
In particular, in the case of evidence supporting the facts charged, even though the first instance court, which directly observed the witness’s appearance and attitude in the witness’s statement while proceeding the witness examination procedure, determined that the credibility of the witness’s statement cannot be acknowledged, the appellate court’s rejection of the first instance court’s decision against the credibility of the witness’s statement, is unacceptable.