All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A1) In fact, Defendant A1 did not receive money from Defendant B as stated in the facts charged (Article 4-2(b) of the 2015 High Order 3461 (hereinafter “Defendant A1”) and did not deliver a penphone without compensation. However, the lower court found Defendant A1 guilty of this part of the facts charged, and erred by misapprehending the legal principles.

2) The sentence of the lower court’s unfair sentencing (two years of imprisonment) is excessively unreasonable.

B. Defendant B’s sentence (three months of imprisonment) is excessively unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below as to Defendant A’s assertion of mistake as to the facts. In particular, Defendant B stated that “The defendant gave KRW 200,000,000 received from Q from the defendant, and received from Q from the defendant.” In light of the fact that the defendant led to the confession of a criminal act of arranging the purchase and sale of his/her penphones and that there is no ground to make a false statement, it can be sufficiently recognized that the defendant received money as stated in the facts charged (Article 4-2(b) of the High Court Decision 2015 J. 3461 (Article 4-2(b) of the High Court Decision) and sold a written phone.

2) According to the record as to the wrongful assertion of sentencing, the following facts are revealed: (a) the Defendant recognized the remainder of the crime of this case, excluding the part of 2015 order 3461 order, and the Defendant appears to have cooperated with the investigation of the accomplice (the page 81 of the trial record).

However, considering such circumstances, even if the Defendant had been sentenced several times of punishment for narcotics crimes, the Defendant committed the instant crime during the repeated crime period, the volume of narcotics purchased by the Defendant reaches a considerable degree, and sold it to others, the Defendant still denies the part of the instant crime, and the sentencing is imposed, such as the circumstances, means, results, and circumstances after the instant crime.