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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Among the facts charged in the instant case of mistake of facts, the statement of E, etc., consistent with the fact of smuggling importation on December 4, 2013, is not reliable.
Nevertheless, the judgment of the court below which convicted of this part of the facts charged is erroneous, which affected the conclusion of the judgment.
B. The sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant also asserted the same as the grounds for appeal.
The lower court rejected the Defendant’s assertion on the grounds that the Defendant’s statement E, etc. concerning criminal facts in its judgment is reliable, in full view of the circumstances acknowledged by the adopted evidence, under the title of “2. Determination” as to the Defendant’s and defense counsel’s assertion.
Considering the following circumstances admitted by the court below and the court below based on the evidence duly admitted and investigated by the court below, the above judgment of the court below is just, and there is no error of law which affected the conclusion of the judgment due to misconception of facts.
Therefore, this part of the defendant's argument is without merit.
(1) D is the first E and G husband and wife.
With respect to the loan of KRW 20 million, Handphones and KRW 10 million, E consistently borrowed KRW 20 million from D on November 1, 2013 in the prosecutor's office and the court of the court below, and subsequently agreed to cover KRW 20 million in the face-to-face payment. Accordingly, on December 4, 2014, E remitted KRW 20 million in the face-to-face account known to H, which is a Chinese drug supply book, to H on December 4, 2014. On the same day, the Defendant received 500 grams from H, and the Defendant would not take the part in the face-to-face loan, and the Defendant received a certificate of KRW 10 million in the face-to-face loan from D that would bring about the above phone properly.
D is the interest for the above 20 million won.