A defendant shall be punished by imprisonment for not less than one year and six months.

1,100,000 won shall be additionally collected from the defendant.

A. misunderstanding of facts or misunderstanding of legal principles (as to the sales of philophones), the Defendant did not sell philophones to D as stated in paragraphs 1 and 2 of the judgment below, and merely mediates the sale of philophones between G and D.

Nevertheless, the judgment of the court below which found all of the charges guilty is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of judgment.

B. The lower court’s sentencing (two years of imprisonment and additional collection KRW 1100,000) is too unreasonable.

2. Determination on the grounds for appeal

A. The following circumstances acknowledged by the evidence duly adopted and examined at the court below as to the assertion of mistake of facts or misapprehension of legal principles: (i) the defendant received a request from D to request from him to purchase phiphones as shown in paragraphs 1 and 2 of the judgment below; (ii) he was directly engaged in phiphones transaction between G and D, which is the defendant's upper line, and (iii) there was no fact that D directly delivered or contacted with G at the time of each of the transactions in this case, and the defendant did not take measures such as introducing G to or arranging for contact with G; (iii) At the time of the purchase of phiphones from another person to purchase phiphones, it appears that the defendant could have been aware of the fact that he received a request from 0-year public prosecutor's office to make a phiphones transaction, and (iv) he could have received a request from 10-year Seoul to make a phiphones transaction, and (v) he could have received a request from 10-year public prosecutor's office to find it as 1.