A defendant shall be punished by imprisonment for a term of one year and three months.

50,000 won shall be collected from the defendant.

A. As to the facts charged in the case of misunderstanding the fact-finding 2012 Highest 5541, the fact-finding case: (a) there is an error of finding the fact-finding decision as an attempted crime by misunderstanding the fact, despite the fact-finding decision being merely the preliminary stage of the sale of the phone, where the Defendant could not bring about a large amount of money to E upon the request of E to seek it; and (b) there is no error of finding the Defendant as a misunderstanding the fact-finding decision.

B. As to the facts charged in the case of this case of 2012 high-ranking 5541, E, upon being arrested and investigated at the time, requested the defendant to seek philopon for the purpose of cooperation by the police for arresting the defendant who is the upper-board vessel at the time, which constitutes an illegal act, but the lower court did not constitute a naval investigation. In so doing, the lower court erred by misapprehending the legal doctrine as to the investigation of naval ships.

C. The sentence imposed by the lower court on the Defendant (additional collection of one year and six months of imprisonment, and five hundred thousand won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On August 26, 2012, the summary of this part of the facts charged: (a) the Defendant was called from E to “be able to claim a phiphone” on August 17, 2012; (b) asked E to sell 20g of philopon to five million won; (c) was transferred 2.5 million won under the name of the Defendant’s bank account in the name of the Defendant; (d) around 01:00 on August 27, 2012, the Defendant attempted to sell 20g of philopon from E to 2.5 million won on the G main store located in Busan Shipping Daegu F, Busan, and intended to sell the remaining balance from E, but the Defendant was arrested to the police officer.