The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Regarding misunderstanding of facts and misapprehension of legal principles as to the fraud of the victim D: The defendant did not keep the victim's pelb or encourage the purchase as stated in this part of the facts charged, and only sent KRW 40,000,000 to the defendant for the preparation of the purchase fund by requesting that the victim purchase the pelb. 2) As to the fraud of the victim I: The defendant did not deceiving the victim as stated in this part of the facts charged.

3) Nevertheless, the judgment of the court below which convicted each of the above facts charged by believing only the statements of each victims was erroneous in misconception of facts and misapprehension of the legal principle against the rules of evidence and the rule of experience. (B) In light of various circumstances, such as the fact that additional deposits were made for the victim H in the judgment of unfair sentencing, the sentence of the court below (one year and three months of imprisonment) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of assessing the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance court’s ruling and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the evidence examination conducted by the first instance court and the evidence examination conducted by the first instance court, unless there are extenuating circumstances where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance is remarkably unfair in full view of the evidence examination results conducted by the first instance court and the result of additional evidence examination conducted by the time the argument of the first instance court is concluded until the closing of argument, the appellate court shall render the first instance judgment on the grounds that the first instance judgment on the credibility