A. The statement of misunderstanding of facts I is not reliable.

In addition, the Defendant borrowed the Defendant’s NA account at the request of I to operate the private gambling site, and the money transferred by I to the said K account is not a philop purchase price.

Nevertheless, the judgment of the court below which found the defendant guilty on the facts charged of this case by the above evidence, etc. is erroneous and adversely affected by the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, additional collection 2.6 million won) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by each evidence duly adopted and investigated by the lower court and the first instance court as to the assertion of mistake of facts, the Defendant may fully recognize that the Defendant issued and sold a phiphone to I as stated in the facts charged and administered a phiphone with I along with I.

Therefore, the defendant's assertion of mistake is without merit.

1) As indicated in the facts charged in the instant case at the police, I purchased phiphones from the Defendant and led the Defendant to administer phiphones together with the Defendant. Such confessions was not made at the level of cooperation in investigation in the process of being investigated or tried for other phiphones-related crimes, but was made after sending text messages that “the fact that phiphones have been administered” as a mobile phone of investigators under the scheduled situation where investigation was conducted due to the violation of Telecommunications Business Act due to the distribution of the so-called “balonphones” was conducted in the course of being investigated, and it is very high credibility because I purchased phiphones from the Defendant as shown in the instant facts charged in the instant case, and was tried in the first instance court on the grounds that I purchased phiphones from the Defendant and administered phiphones with the Defendant, as well as the fact that I had administered phiphones.