The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentencing of the lower court (one year of imprisonment, two years of suspended execution, order to attend probation and pharmacologic treatment, and additional collection) is deemed to be too unhued and unreasonable.

2. Ex officio determination

A. Prior to the prosecutor’s judgment on the grounds of appeal, we examine ex officio each of the facts charged in the instant case, as to attempted to sell and sell merpules (hereinafter “culon”).

B. The summary of each of the facts charged is as follows, and the court below found all of the facts charged in this part guilty by integrating the evidence in its judgment.

1) On February 28, 2014, the Defendant was not a narcotics handler, but tried to purchase 0.8 grams by remitting 700,000 won from the phone to a new bank account in the name of the bank account known to C, which was known to C, to purchase 0.8 grams. However, C did not receive the phone and send the phone, but failed to do so. 2) The Defendant was not a narcotics handler, even though he was not a narcotics handler, around March 13:40, 201, the Defendant attempted to purchase 0.8g of the phone phone by remitting 70,000 won from the phone to a new bank in the name of the bank account with which C was known to C, but it did not have attempted to purchase 0.8g of the phone phone with the phone phone in the name of the bank account with which C was sent.

3. On March 25, 2014, around 21:31 to 21:39, the Defendant attempted to purchase phiphones by remitting one gram of 1 gram-phones, 700,000 won in total, 1050,000 won in the post office account in the name of the I, which was known by the I, in the parking lot for H building in Busan Jung-gu, Busan, to the post office account in the name of the I, but was attempted to purchase phiphones. However, even though I did not receive money and send phiphones, the Defendant did not intend to purchase phiphones.

C. In order to establish the crime of attempted trade of phiphones, there should be commencement of the commission of trade of phiphones. Even if a person who intends to purchase phiphones paid the price to the person who solicits the purchase of phiphones, the person who received the price at that time carries phiphones.