The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, not selling 9.3g philophones to G, but jointly purchases philophones from N with G.

The lower court found the Defendant guilty of this part of the facts charged, and erred by misapprehending the facts.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the following circumstances revealed by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the Defendant did not have any circumstance that the Defendant acquired any consideration while selling a phiphone to G, but the Defendant merely assisted the sale.

It is difficult to see that he purchased a penphone jointly with G, and it is judged that the defendant purchased a penphone from B and sold part of it to G.

① G contact the Defendant with “acoponing a philogram” rather than suggesting that “acopon is purchased together with philophones.”

② G gave 1.8 million won to the Defendant, but the Defendant was divinged.

There is no knowledge that the defendant has sought a philophone whenever he or she is using a philophone.

③ G has purchased phiphones from the Defendant one time even before the instant case.

In addition, the Defendant alleged that he purchased philophones from N, not from the trial at the trial, but from N. However, in light of the fact that the lower court made a confession of this part of the facts charged in the statement of grounds for appeal, and that the Defendant made a mistake of facts as to the part that the Defendant sold philophones to G, and that B made a confession that the Defendant sold 10 grams of philophones in his own case, it is difficult to accept

B. The Korean Criminal Procedure Act, which adopts the trial-oriented principle and the direct principle as to the assertion of unfair sentencing, determines sentencing.