A. With respect to the facts charged in the case of 2012 Goo-Ma3052 decided in the judgment of the court below, the court below found the Defendant guilty of the charge, even though there was no fact that the Defendant sold the Mesoft (one philophone, hereinafter “philophone”) to L, by misunderstanding the facts, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by evidence duly adopted and investigated at the court below's determination on the assertion of mistake of facts: (i) L was able to seek a phiphone because it asked the Defendant to use a phiphone in the currency with the Defendant, and (ii) was able to obtain a phiphone; (iii) the Defendant was waiting to move to the Dong bus stop located in Daegu at the bus bus stop; and (iv) the Defendant was waiting to do so; and (v) the Defendant sold the phiphone which was received from the male in the front of the 50th century with a smallest amount of 50 p.m., the Defendant sold to himself; (ii) the statement was relatively reasonable and detailed; (iii) the Defendant was sentenced to imprisonment with prison labor for 1 year; and (iv) the Defendant appears to have not been able to receive a reimbursement other than the Defendant's debt on the date when he/she purchased the bus from the Defendant; and (v) the Defendant did not have any other obligation on the 10th anniversary of his/her demand to pay his/her debt.