All appeals filed by the prosecutor against the Defendants are dismissed.

1. The gist of the grounds of appeal (the factual error) is as follows: (a) the circumstance in which the victim remitted the amount of KRW 30 million to the G bank account in the name of F on July 27, 2009; and (b) the Defendants’ assertion as to the use of the said money is difficult to believe; (c) while considering the fact that the victim’s consistent statement and Defendant B made the victim a “E redevelopment project” to the victim, the court below erred by misapprehending the facts and thereby acquitted the Defendants of KRW 30 million under the pretext of the borrowed money.

2. Determination

A. In light of the principle of court-oriented trial and the principle of direct examination, if there are extenuating circumstances to deem that the first instance judgment on the credibility of a statement made by a witness of the first instance was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in light of the result of the first instance examination and the result of additional examination of evidence conducted by the time of closing the argument in the appellate court, maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is clearly unfair, the appellate court shall not reverse the first instance judgment on the ground that the first instance judgment on the credibility of a statement made by a witness of the first instance is different from the judgment made by the appellate court.

In particular, in the case of evidence supporting the facts charged, even though the first instance court, which directly observed the appearance and attitude of the witness who directly observe the witness's statement while proceeding the witness examination procedure, judged that the credibility of the witness's statement cannot be acknowledged, if the appellate court intends to determine that the credibility of the witness's statement can be acknowledged, the first instance court's decision rejecting the credibility of the witness's statement is sufficient and acceptable.