The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1,750,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (as to the violation of the Act on the Control of Narcotics, Etc. due to the Sale of Handphones on June 16, 2016) was found to have been forwarded KRW 50,000 from G upon request by G as taxi expenses are required on the date and time indicated in this part of the facts charged. However, there is no fact that the Defendant saw G as described in this part of the facts charged.

Delivery by G Haw Hawn

The text message “” is only sent in a way that G returns 50,000 won in cash, and if there is a philophone, it only sent a long call for a philophone.

B. The punishment of the lower court (the additional collection of KRW 1.6 months and KRW 1750,000,000,000) is too unreasonable.

2. Determination:

A. In light of the evidence duly admitted and examined by the court below as to the assertion of mistake of fact, the defendant received KRW 50,000 from G from the time border as stated in this part of the facts charged, and at that time sufficiently recognized the fact that the defendant caused the loss of philophone to G. Thus, the defendant's assertion of mistake of fact is without merit.

B. As to the wrongful assertion of sentencing, the crime of this case is a fact that the defendant administered, received, sold, or traded phiphonephones, and the quality of the crime is not weak, and the defendant has been punished twice as a drug crime, and it is also necessary to punish the defendant strictly in light of the fact that the defendant committed the crime of this case without being aware of the end of the execution of the punishment for the same crime on July 13, 2015, as well as the fact that the defendant committed the crime of this case without being aware of it during the period of repeated crime.

However, on June 16, 2016, the defendant recognized the rest of the crime except for the crime of purchase and sale of phiphones and divided his mistake. In the court below, the investigation report was submitted from the Busan Local Police Agency to the effect that the defendant contributed to the investigation of a drug offender through the bronon, and the fact that the defendant contributed to the investigation of a drug offender by the bronon.