The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

80,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged in this case, does not have any difference in the fact that he had met E at the time and place of the instant facts charged. The Defendant did not sell phiphones to E as shown in the facts charged in this case, and the E and F’s statements that seem to correspond to the facts charged are not reliable

B. The facts charged in the instant case by misapprehending the legal principles are that the Defendant sold a penphone to E from a room in which it is impossible to find out the room near the "D urban bus terminal in Daegu-gu," in which it is impossible to find out the name near the "D urban bus terminal". While the address of the Daegu L/C bus terminal is the address of the Daegu L/C bus terminal, it is not clearly stated whether E was a Daegu L/C bus terminal. Thus, the crime place was not specified.

2. Where a person who needs to make a statement on the trial date is unable to make a statement by attending the public trial and make a statement on the grounds of death, disease, unknown whereabouts in a foreign country or any other similar cause before making the judgment on the grounds of appeal by the defendant ex officio prior to the judgment on the grounds of appeal by the authority, in order to use the protocol under Article 312 of the Criminal Procedure Act, or the statement, documents, etc. under Article 313 of the same Act as evidence pursuant to Article 314 of the same Act, he/she shall meet two requirements

In addition, the requirements of Article 314 of the Criminal Procedure Act, which provide for the exception of direct principle and hearsay rule, must be strictly examined, and since the prosecutor bears the burden of proving the requirements for the admissibility of hearsay evidence, it can be recognized that the court is the case where the witness is missing or is unable to make a statement due to other similar reasons, the witness has been unable to attend the court inevitably even though he/she has made possible and sufficient efforts to attend the court.