Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) Of the facts constituting the crime of paragraph (1) of the judgment of the court below in the erroneous determination of facts, KRW 170,000,000 delivered by the Defendant to E is not a philophone purchase price, but a money lent to E, and KRW 100,000,000,000,000,000 from the facts constituting the crime of paragraph (2) of the judgment of the court below, the Defendant received money from H

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found all of the facts charged in this case guilty.

(2) The sentence imposed by the lower court on the Defendant (one year and two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. (1) The lower court’s determination on the Defendant’s assertion of mistake of facts is consistent with the Defendant’s defense, namely, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (i) the Defendant and E consistently stated in the investigative agency and this court that the Defendant purchased 0.6461g of the philopon from themselves; (ii) the Defendant, as well as E after purchasing the philopon from F, made a telephone conversations with G that the Defendant had the philopon; (iii) the investigative agency and this court borrowed KRW 100,000 from the Defendant on April 6, 2013; and (iv) the Defendant took the hopon from the Defendant on May 6, 2013 to the Defendant’s defense that “The Defendant paid KRW 100,000,000,000,000,000,000,000). However, in light of the above facts, it is difficult to view the Defendant’s statement that the H was administered with the h’s nature.