A. The Defendant, as indicated in the instant facts charged, attempted to purchase philophones three times as indicated in the instant facts charged, but did not receive philophones from the seller due to fraud. As such, the Defendant is an attempted attempt not to purchase philophones.

B. The sentence of the lower court (one year and six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court also asserted to the same effect as the grounds for appeal on this part, and the lower court, based on the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, acknowledged that the Defendant purchased phiphones as stated in the facts charged of the instant case.

Judgment and rejection of Defendant’s assertion.

(1) On July 20, 2017, the Defendant remitted each of the same account KRW 40,000,000 to the same account on July 20, 2017, and KRW 400,000 on the 29th of the same month [2017 high group], and remitted each of the KRW 350,000 [20,000 high group 715] on August 14, 2017.

The defendant sent a photograph to the investigative agency to verify whether the seller has actually philophones.

However, even though the statement was different, it does not seem that the Defendant, who exercised due care, did not receive the penphones, did not seem to have remitted the price to the same account with three times in the short period as above, even though he did not actually receive the penphones.

As a result of the appraisal of the defendant's hair taken on November 15, 2017, the cut hair from the part of the mother to about 3 cm in length and the cut hair from about 3 cm in length to about 6 cm in length to the part of the mother.

Considering the fact that the hair is about 10m each month on an average, each time of transfer shall be included in the estimated medication time.

Secondly, from the case of selling philophones using the bank account in the above I’s name (the Suwon District Court 2017 Gohap 754), the case packages the philophones sent from Cambodia by dividing them into small quantities.