A. Although the Defendant did not have sold philophones to C, the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court (a year of imprisonment, an additional collection of KRW 1,140,00) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is not a narcotics handler.

On April 26, 2016, the Defendant received 1.140,000 won from G located in Busan F to D’s account (Korean bank E) in the name of the Defendant’s own use from C, as the price for the Metepop (hereinafter “Mepopopon”), which is a local mental medicine medicine, and sold a phipopon by sending from G located in Busan F to C with high-speed bus freight on April 27, 2016. < Amended by Act No. 14738, Apr. 27, 2016; Act No. 14523, Mar. 23, 2016>

B. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the Defendant was fully aware of the fact that he sold phiphones to C.

1) On April 26, 2016, C made a voluntary statement to the effect that “A, on April 27, 2016, sent KRW 11.40,000 to the account of a national bank in the name of D, the Defendant, who started from Busan and arrived at the front week, delivered the express bus baggage, and found it.” On April 27, 2016, C appeared as a witness at the court of the lower court and testified to this effect consistently.

Before and after the above statement, there was a meeting, intimidation, pressure, etc. of the investigative agency with respect to C

There is no circumstance to suspect, and C is about the background, date and time, place, method of delivery, amount of consideration, etc. of purchasing a philopon from the defendant.