마약류관리에관한법률위반(향정)
All appeals by the Defendants are dismissed.
1. Regarding the summary of the grounds for appeal Nos. 1 through 4 of the decision of the court below, the court below found the defendants guilty on all of the defendants, although there was no fact that the defendants sold phiphones to D.
2. According to the evidence duly adopted and examined by the court below, the following facts are revealed: (i) D consistently stated from the investigative agency to the court of the court below that it purchased phiphones as shown in the facts charged in the instant case; (ii) N andO’s statements are not inconsistent with D’s statements; and (iii) the Defendants asserted that the amount transferred to the new bank account was made with D while engaging in bond business, but there is no clear ground to support this, this part of the facts charged against the Defendants should be recognized.
Therefore, the court below's finding the defendant guilty of this part of the facts charged is just and there is no error of law by misconception of facts.
3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.