The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Article 2 of the facts constituting the crime of mistake of facts in the original judgment

A. As mentioned in paragraph (1), 30,00 philophones were received from C, and the remainder was received from kimchi, camping, vain tree, etc., and 17 times as the investigator received 3 times or 17 times or more, and all 17 times or more recognized as having received philophones, and it was recognized as having received philophones. Thus, the judgment of the court below is erroneous in the misapprehension of facts as to this part.

B. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts and the following circumstances admitted therefrom, the Defendant may fully recognize the fact that he/she purchased phiphones using 17 times from C as stated in the lower judgment, and thus, the Defendant’s assertion of mistake of facts cannot be accepted.

① At the time of interrogation of the suspect, the Defendant stated that C purchased phiphonephones from 17 times as indicated in the facts constituting the crime indicated in the judgment below at the time of interrogation of the suspect and administered all phiphones.

(Investigation Records No. 1, 245, 246). (2) The Defendant recognized all the facts charged for purchasing phiphones over 17 times in the court of original instance.

③ The Defendant knew that the level of punishment varies depending on the frequency of the purchase of phiphones, the volume of purchase, and the frequency of medication, including the fact that he/she was sentenced to five times from 2001 to 2013 as punishment for phiphones. Therefore, it is difficult to deem that the Defendant made a false confession by recognizing three times as the frequency of purchase of phiphones with the investigator’s oil and 17 times as the same.

④ At the time of the prosecutor’s investigation, the Defendant was investigated by C about the suspicion of purchasing approximately ten g of phiphonephones in front of the Seoul detention center, and denied it.