The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

provided, however, that the sentence shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The judgment of the court below which acquitted the defendant on the basis of the statement in the court below is erroneous in the misapprehension of the rules of evidence, even though the statement from E was no longer reliable than the statement in the court below that the defendant purchased the instant domain cancer from the defendant, and it was more reliable than the statement in the court below.

2. Determination

A. The judgment of the court below is based on the evidence consistent with the facts charged in this case, but, although E appears as a witness in the court of the court of the court below to the effect that “E is a false statement to the investigation agency that there was no purchase of phiphones from the defendant, and that there was a transaction of phiphones with the defendant,” the court of the court below acquitted the defendant on the ground that each statement made in the investigation agency E is difficult to believe and there is no other evidence consistent with the facts charged.

B. It is a matter of whether the credibility of the statements in the investigation agency E in the party decision and the statements in the court of original instance can be recognized more.

The following corrective measures, which are acknowledged by the evidence duly adopted and investigated by the court below and the trial court, are as follows: ① under investigation by the police, E is classified the Defendant as a penphone seller; ② the Defendant is also recognized as having consistently stated on the date and time and place indicated in the facts charged in this case; ② the Defendant in Busan as at the time and time and place was recognized as having met E; ② the Defendant in Busan as at the time and time and place of the expressway D rest in the Gyeong-gun, the Highway Stack-gun, was merely a farction to the Highway Stick-gun, and the Defendant was merely a farction to the Highway Stick-gun. ③ The Defendant was arrested on November 29, 2012 and was under investigation by the police.