A. As to the facts constituting the crime No. 1 in the judgment below, the defendant merely received money from G upon D's request, and did not sell phiphones to G in collusion with D, and as to the facts constituting the crime No. 5, 6, and 7 in the judgment below, the defendant merely driven by D's request, and did not participate in the crime of selling phiphones to D, etc.

B. The sentence sentenced by the lower court to the Defendant (a year and six months of imprisonment, a surcharge 1,1750,000 won) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged according to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts.

① The circumstances leading up to which the Defendant was identified as the accomplice in this case are as follows.

(1) G had the words "D (K) sell phiphonephones with Korean people" at the investigative agency, and Korean people have also been in the same way as D when trading with D.

The name of a Korean person stated to the effect that he/she was not aware of his/her mobile phone number is T, and that he/she received a passbook from D as one bank account to deposit the penphone price.

SheBB In the investigation agency, the above contact number (T) and the account holder (U) were inquired of, and the user of the above account was confirmed through the CCTV of the bank. While the above contact number and account holder were confirmed as Q (72) and the account holder was identified as Q (72), the actual user of the above account was identified as 40 male.

Article 22(1) of the Civil Act provides that “A person who is a Korean national shall be punished by imprisonment with labor for not less than 10 years” and “a person who is a Korean national” shall be punished by imprisonment with labor for not more than 10 years.

② G consistently contacted with D and purchased phiphones from the Defendant, from an investigative agency to the lower court’s court.

Even around October 31, 2014, D had ‘Choopopopopopopopopopic’ made D by telephone.