A. In fact, the Defendant: (a) was aware of the facts stated in Paragraph (1) of the crime stated in the judgment of the court below; and (b) the Defendant provided guidance to a place where C can purchase gift certificates using a credit card so that C can meet C at the time and place of the fact-finding as indicated in the judgment of the court below; and (c) C remitted money purchased by using a credit card to another person; (d) the Defendant received KRW 3,950 (a) and KRW 1.50,000 from C in Chinese currency from the date and place specified in Paragraph (1) of the criminal facts stated in the judgment of the court below; and (e) delivered C with approximately 0.7g of a philopon contained in the first-use injection machine; and (e) there was no fact that C purchased a philopon, but the court found the Defendant guilty of this part of the charges by misunderstanding the fact based on credibility and consistent C’s statement, etc.

B. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment and additional collection KRW 942,00) is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the evidence duly adopted and investigated in the lower court in the erroneous determination of facts, namely, ① each statement made to the investigation agency of C, are somewhat inconsistent with the detailed contents of C, such as the motive and circumstance leading up to the purchase of phiphones from the Defendant, and the method of paying the purchase price of phiphones to the Defendant. However, “C is consistent with the main part of the facts charged on the instant phiphones trading,” and “C is able to request phiphones to the Defendant from her natives around May 2014 with other natives, and around July 2014, it was examined whether the Defendant could receive phiphones from her natives, and then it was first known that the Defendant would have continued to be able to receive phiphones, and it would result in preparing for her KRW 1 million on August 4, 2014. < Amended by Act No. 12873, Aug. 4, 2014>