The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The punishment of the lower court (the fine of KRW 7,00,000, the additional collection of KRW 900,000) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the Prosecutor, the pertinent Article on the facts constituting the crime of Articles 61(1)5, 4(1), and 2 subparag. 3 (d) of the Enforcement Decree of the Act on the Control of Narcotics, Etc. (see attached Table 6), and Article 2 subparag. 2 of the Act on the Control of Narcotics, Etc. (see attached Table 17, 60) of the Enforcement Decree of the said Act) is applicable to the relevant law on the facts constituting the crime of the crime of the first and the third as indicated in the judgment of the court below, which issued a scam, scam-type, and a scam-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-k-k-k-k-k-k-k-k-k-k-k-k-

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above argument of unfair sentencing by the defendant and the prosecutor on the ground of ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 61(1)5, Article 4(1), subparagraph 3 (d) of Article 2 of the Act on the Control of Narcotics, Etc., and Article 61(1) and Article 61(1)3 of the Act on the Management of Narcotics, Etc., and Selection of Fine for Crimes (the point of arranging the trade of a penphone and the choice of fine); Article 60(1)2 and Article 4(1) and subparagraph 3 (b) (the point of arranging the trade of a penphone, the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;