The defendant's appeal is dismissed.

1. The gist of the grounds of appeal is as follows: (a) although the Defendant was not guilty of a theft of a paper straws with 50 points for children managed by the Victim F, the Defendant was guilty of the facts charged in the instant case, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. In light of the fact that the appellate court of criminal litigation has the nature of ex post facto trial and the spirit of substantial direct trial as an element of the trial-oriented principle under the Criminal Procedure Act, etc., even though the first instance court, which directly observed the witness’s appearance and attitude in the witness’s statement while proceeding the examination of witness with respect to the facts charged, determined that the credibility of the witness’s statement cannot be acknowledged, the appellate court may reverse it and acknowledge the credibility of the witness’s statement.

In order to consider the credibility of the statement as evidence for conviction, the first instance judgment rejecting the credibility of the statement must appear to be acceptable and acceptable (Supreme Court Decision 2016Do10214 Decided August 30, 2016). (b) In full view of the following circumstances that can be recognized by the specific judgment of the lower court and the evidence duly adopted and investigated by the court below, the lower court’s conclusion is just and acceptable, and there is no error of law by misunderstanding the facts pointed out by the Defendant, thereby affecting the conclusion of the judgment.

The defendant's assertion of facts is without merit.

① The victim consistently stated from the investigative agency to the lower court’s court that “the Defendant received goods from the head office before the theft of the wounded, who had 50 points of 50 for children under the victim’s management.”

② On February 11, 2016, the victim was found to have no E department stores, 4th floor storages, and corridors located in Seo-gu, Seo-gu, Seoyang-gu, Seoyang-si.