The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, upon F’s request, did not sell a philophone to F, only that philophones purchased at F’s request.

B. The punishment of the lower court (two years and six months, etc. of imprisonment) is too unreasonable.

2. Determination

A. In a case where the Defendant prosecuted for the charge of selling phiphonephones alleged to be erroneous by the Defendant’s fact-finding, the question of whether the Defendant constitutes “seller” is an important standard to determine who the buyer recognized as the seller.

If the buyer paid the purchase price to a person recognized as a seller and received the penphone, etc. from that person, a person recognized as a party to a transaction, such as a penphone, regardless of whether the said penphone was actually secured by another person or immediately delivered the purchase price of the penphone to another person is in the position of the seller.

must be viewed.

Comprehensively taking account of the evidence duly admitted and examined by the court below, the defendant was found to have traded in the way that he received the penphones from F to F after receiving a request from F to request the 23 times as stated in the crime log table, and then delivered the penphones secured from Kim Yong-type. In addition, considering the circumstances of the transaction, the relationship between the defendant and F, F recognized the defendant who directly contacted with him and paid the purchase money as the counter-party to the transaction.

It is reasonable to view it.

In the end, the defendant can sufficiently recognize the fact that he sold 124g philophones to F over 23 times, such as the statement in the facts charged, and this part of the defendant's assertion is without merit.

B. There are circumstances under which the Defendant’s wrongful assertion of sentencing committed a crime related to phiphones for a considerable period of time after the Defendant completed the execution of punishment for the same kind of crime in 2006, but narcotics-related crimes are committed.