The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to the violation of the Act on the Prevention of misunderstanding of Narcotics, etc. (fluence), the Defendant did not purchase a phiphone from E as stated in paragraph (1) of the criminal facts in the judgment below.

In addition, in relation to fraud part, the defendant did not make a statement to H such as the crime No. 2 as stated in the judgment of the court below, and there was no intention to commit fraud at that time.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the Health Team, the lower court and the first instance court as to the violation of the Act on the Control of Narcotics, Etc. (1) are: (a) the Defendant led to the confession of the instant crime in the court of the lower court; (b) E consistently stated that the investigation agency was investigated five times in relation to the instant crime and sold five g of philopon to the Defendant; and (c) L was also investigated by the investigation agency on two occasions in relation to the instant crime, and consistently stated that E was witnessing to sell philopon to the Defendant; and (d) E and L were investigated by the investigation agency and tried to consistently state that there was no fact that they had sold philopon to the Defendant by reverseing the statement made by the previous investigation agency at the court of the first instance; and (c) in the investigation agency, it was difficult to say that the Defendant was 50gh of philopon from the previous investigation agency; and (d) in light of the aforementioned detailed and consistent statement at the investigation agency.