A. In relation to the facts charged in the judgment of the court below, although the defendant did not receive philophones from F, the court below found him guilty of this part of the facts charged. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant sentencing case, the lower court’s imprisonment (one year and four months of imprisonment, and additional collection) is too unreasonable.

2. Determination

A. The defendant's confession in the investigative agency and the court of first instance differs from his/her legal statement in the appellate court cannot be said to be doubtful of the probative value or credibility of his/her confession. In determining the credibility of his/her confession, the credibility of his/her confession shall be determined in consideration of the following: (a) the contents of the confession's statement objectively rational; (b) the motive and reason behind the confession; (c) the motive and reason behind the confession; and (d) the circumstances leading up to the confessions, and (e) the confessions, among other evidence than the confessions, are either contrary to

(See Supreme Court Decision 2008Do1994 Decided June 26, 2008, etc.). In light of the above legal principles, the Defendant’s investigative agency and court of first instance that the Defendant received a philopon from F, and the following circumstances revealed by the evidence duly admitted and investigated by the court below, namely, ① the Defendant voluntarily mentioned F in the process of expressing the upper part of the philopon purchased by him, and stated that the Defendant received the philopon from F, ② The details of telephone communications between the Defendant and F at the time of receipt of the philopon from F, correspond to the Defendant’s statement explaining the situation at the time of receipt of the philopon (F appears to have known that the Defendant’s home was phoneed to the Defendant at the Defendant’s home, and the Defendant’s home was found).