A. misunderstanding of the facts and misapprehension of the legal doctrine, the Defendant received and possessed philophones by using the strings of strings closely related to the investigation agency.

Therefore, the crime of this case is caused by the illegal criminal investigation, and the prosecution based on it is illegal.

B. The sentence sentenced by the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the relevant legal principles 1) Determination of the assertion of mistake of facts and misapprehension of the legal principles is unlawful for an investigative agency to induce a person who does not have the original criminal intent by using deceptive means, schemes, etc. and arrest the criminal. Determination of whether an investigation of a vessel constitutes an illegal undercover operation should be made by comprehensively taking into account the type and nature of the relevant crime, the status and role of the inducer, the details and method of the inducement, the response of the inducer by the inducement, the history of the punishment of the inducer, and the illegality of the inducing act itself.

It is not permissible for an inducer to commit a crime by excessively interfering with the criminal intent by a person who has direct relations with an investigative agency, using a personal and friendly relationship with the inducer to commit a crime by resisting against the dynamics or emotions of the induced person, leading him/her to a brupt psychological pressure or threat, making it difficult to refuse, inducing him/her to commit a crime, or providing money to be used for committing a crime, etc. However, it is illegal under the circumstances in which the inducer requested the crime more repeatedly against the induced person without having direct relations with the investigative agency, and the investigative agency used the deceptives or schemes, etc.

In cases where it cannot be seen, even if the intent of the inducer was caused by the crime, it does not constitute an illegal undercover operation (Supreme Court Decision 2006Do2339 Decided July 12, 2007).