A. The Defendant, on June 25, 2018 and June 26, 2018, did not sell philophones to H, and on June 28, 2018, the Defendant received only KRW 700,00 as the sales proceeds, although he/she sold philophones to H on June 28, 2018.

(2018 Highest831). The Defendant did not sell philophones to V on October 16, 2017; the Defendant received five g of philophones from AB, etc. and delivered V with five philophones. The money received from V is merely KRW 1.1 million.

(2018Hun-Ma900). Nevertheless, the judgment of the court below which found the defendant guilty as to this part of the facts charged is erroneous in the misconception of facts.

B. The sentence imposed by the lower court on the Defendant (two months of imprisonment with prison labor for the crime of the 2018 Highest 891 case, two years of imprisonment with prison labor for the remaining crimes, confiscation, and collection) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court on H’s part of the sales of phiphones, namely, ① states that H purchased phiphones from the Defendant on three occasions more specifically and consistently; ② the monetary content and place between the Defendant and H correspond to H’s above statement; ③ even if the Defendant’s assertion that “after receiving KRW 1 million from H on June 28, 2018, 300,000 won was paid as taxi expenses,” the Defendant’s assertion that the price that the phiphones sold and received was KRW 1 million, in light of the fact that the Defendant again delivered KRW 300,000 to H was merely a consumption of the sales proceeds, this part of the Defendant’s assertion is without merit.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the sales of philophones related to V, i.e., around October 16, 2017.