The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that C’s statement consistent with the facts charged in the instant case has credibility, and it is more reliable than the Defendant’s statement denying the facts charged, so the Defendant has arranged to trade philophones as stated in the facts charged in the instant case.

However, the court below found the defendant not guilty, and the court below erred by misunderstanding the facts.

2. Determination

A. On January 31, 2016, the Defendant was not a narcotics handler, but received cash of one million won from C in the street room in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, and delivered it to his accomplice D in the neighborhood, and then received approximately 1g of the Memptotop cl (one philopon; hereinafter “philopon”) which is a part of a single-use injection machine from D, and 1g of the Memtop c.

Accordingly, the defendant assisted the trade of philophones.

B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that the Defendant assisted the Defendant to sell and purchase phiphones as indicated in the instant facts charged only by the evidence submitted by the Prosecutor.

It is not sufficient to recognize the recognition.

On the other hand, the defendant was acquitted.

(1) Although C made a statement to the effect that it corresponds to the facts charged, it is difficult to believe in light of the following: (a) the place and method of receiving phiphonephones, and the relationship with the Defendant, etc.; (b) the possibility that the Defendant made a false statement with a malicious testimony cannot be ruled out; and (c) other attitude of testimony.

B. At the time of the commission of the crime described in the facts charged, the Defendant and C are confirmed to have telephone conversationsd, but the Defendant and C are recognized to have frequently exchanged not only the date of the crime but also the date of the crime. Thus, the telephone conversationss around the time of the crime.