A. On February 16, 2015, the Defendant did not purchase phiphones from J on February 16, 2015.

The court below found the defendant guilty of this part of the facts charged on the basis of the statement made by the J Investigation Agency without credibility, and the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court (two years and six months, etc. of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. There is a statement at the prosecution of J as direct evidence that conforms to the facts charged in this part of the Defendant’s assertion of mistake of facts.

In full view of the following facts and circumstances admitted by evidence, the lower court’s determination that recognized the credibility of the J’s statement made by the Prosecutor’s Office is justifiable and acceptable. In full view of the evidence duly admitted and examined by the lower court and the first instance court, this part of the facts charged that the Defendant purchased 20 g philopon from J was proven without reasonable doubt.

may be seen.

This part of the defendant's assertion is without merit.

① At the time of the Defendant’s singing, the J has set the sales volume and sales proceeds of the phiphones, and set the sales proceeds as KRW 4 million but only KRW 3,300,000,000, and made statements on the details related to the sale of phiphones, such as the method of paying the sales proceeds, etc.

According to the J’s credit card use details and the Defendant and J’s currency records, around February 16, 2015, the fact that around February 15:13, 2015, the J calculated meal costs at a nearby AB restaurant, from 15:05 to 15:09 on the same day, the Defendant called J at his/her singing room three times at the J’s singing room, and the J also confirmed that the Defendant called the Defendant one time at the said restaurant at around 15:07, and accords with the above J’s statement.

(2) In the initial prosecutorial investigation, the J has paid the amount of philopon after one hour after the defendant left with philopon.