The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

180,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. Although the Defendant (a factual error) had never purchased a philophone from E as stated in the judgment of the court below, the court below found the Defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The prosecutor (unfair punishment) sentenced by the court below (two years of suspended sentence in October) is too unhued and unfair.

2. Determination

A. The following circumstances found by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, i.e., ① each statement from the investigation agency of E (Wilphone sellers) to the lower court, which corresponds to the facts charged, is considerably detailed in relation to the process of the crime (such as the method of purchasing phiphonephonephones sold to the Defendant, the method of contact with the Defendant, and the details of communication with the Defendant), the date and place of the crime, and the sales proceeds of phiphones, and is consistent and highly reliable. ② In particular, E, prior to the instant crime, with regard to the contact method and its contents for communicating with the Defendant on the day of the instant case, “the phone calls from the Defendant are too old,” and “the phone calls from the Defendant were sent again to 30 minutes later, and approximately 50 minutes later, 15 minutes later and 15 minutes later, 15 minutes later from the Defendant’s entrance to the 3-I-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-K.