The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

60,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) by the E’s request, purchased philophones; (b) so, the Defendant assisted the purchase and sale of philophones to E, not by selling philophones; and (c)

must be viewed.

B. Sentencing

2. Determination

A. According to the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the Defendant asserted the same purport in the lower court, and the lower court determined that the Defendant’s act is reasonable not only to arrange the trade of philopon between the upper line and E, but also to regard the part of philopon from the upper line as selling to E, on the ground that the upper line and E did not coincide with each other, and the Defendant’s act divided the upper line of KRW 400,000 and KRW 100,000,000,000,000,000.

D. The circumstances of the court below are as follows: ① E was able to seek a philopon from the defendant, and the defendant could seek.

The defect, delivery of 40,000 won in cash to the defendant, ② the defendant directly contacted with the upper line and traded the 500,000 won phiphones, and the immediate implementation was completed; ③ the E appears to have not been aware of the specific phiphones transaction between the defendant and the upper line; ④ there was direct payment of money or phiphones delivery between E and the upper line.

In addition to the facts that there are no circumstances to see, the above judgment of the court below is just and acceptable, and there is no violation of law by mistake of facts.

Defendant

The argument is without merit.

B. As to the wrongful argument on sentencing, the amount of philophones handled by the Defendant is not large, and the number of times of medication is also twice.

The defendant has been punished several times for the same crime, and in particular, re-offendered during the same repeated crime period.

However, the defendant is opposed to the fact of the crime in substitution for the defendant, and the crime of selling the instant phiphone by E's request.