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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and nine months.
4.3 million won shall be additionally collected from the defendant.
Reasons
1. Summary of grounds for appeal;
A. The instant crime is a crime caused by the so-called naval investigation, which was caused by the investigation agency’s request several times to sell phiphonephones through Q, the informant, and thus, cannot be punished. However, the lower court found the Defendant guilty on the premise that the instant indictment is lawful, thereby adversely affecting the conclusion of the judgment.
B. The lower court’s sentencing (two years of imprisonment, additional collection of KRW 7.3 million) is too unreasonable.
2. Determination as to the assertion of the vessel investigation
A. A. A summary of the facts charged on September 25, 2013, the Defendant: (a) received 2 million won of the purchase price for Q from Q from Q in front of the p hotel located in Daegu-gu P hotel; and (b) purchased money from a person under no name (hereinafter referred to as a "person under no name") waiting in the vicinity thereof; (c) opened approximately 2 gram of a philopon, which was contained in a plastic paper from a person under his/her name, to Q in Q, and laid down the philopon to Q on October 22, 2013; (d) received 100,000 won of the purchase price for Q from Q in front of the pphone parked in Daegu-gu, Daegu-gu, Daegu-gu, and then received 1 million won of the purchase price for Q from the pphone in front of the Pphone; and (e) took the name of the person under his/her name from the person under no name to the Q.
3) On October 30, 2013, around 21:00, the Defendant received one million won of the purchase price for Qhophones from Q in the street parked in the vicinity of the residents' self-governing center located in the Daegu Seo-gu, Seo-gu, Daegu-gu, and opened the money to Q with approximately one gram of the penphones, which was contained in the plastic paper from the person who was waiting in the vicinity of Qhophones, and then laid down the penphone to Q on November 21, 2013.