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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles and unreasonable sentencing)
A. The Defendant, around June 5, 2018, did not sell approximately KRW 0.4g 0,000 from the street in front of T Elementary School located in S of Gangnam-gu Seoul to Q free of charge, but only delivered approximately KRW 0.4g 90,00. On the same day, Q transferred from Q to the Rbank account in the name of the Defendant at around 09:40 on the same day to Q, not the 90,000 won, but the loan was repaid.
B. The punishment sentenced by the court below (two years and six months of imprisonment, confiscation, collection 2.40,00 won) is too unreasonable.
2. In light of the following facts acknowledged by the lower court’s duly adopted and investigated evidence, it is reasonable to view that the Defendant sold Q in front of the Gangnam-gu Seoul District Court on June 5, 2018 about KRW 0.4g 90,00,000, to Q in KRW 90,000,000, considering the following facts. Therefore, the Defendant’s assertion on this part is without merit.
Defendant
The R Bank Account (Account Number: Z) in the name of the R Bank Account in the name of ① KRW 100,000 on June 4, 2018, ② KRW 99:40 on June 5, 2018, and KRW 90,000 on KRW 9:40 on June 5, 2018, respectively, was deposited into Q two.
(See, see, e.g., Evidence of the case No. 2018 Highest 7210). (b)
Q stated at the investigative agency that " around 09:40 on June 5, 2018, the amount of KRW 90,000,000, which was remitted to the above R bank account under the Defendant's name, is about 0.4g, which was received from the Defendant around the same day."
C. On October 2, 2018, the Defendant stated at an investigative agency that “Around June 2, 2018, the Defendant provided Q Q with approximately 0.1g of philopon free of charge from the mutual influence in the Pel in the vicinity of the Pel in Gangnam-gu Seoul (see Paragraph (1) in the facts constituting the crime of the lower judgment in regard to the case No. 2018 high group7210), and Q lending KRW 100,000 to Q, on the ground that Q borrowed money, around 09:40 on June 5, 2018, the Defendant stated that “The amount of KRW 90,000,000, which was remitted from Q, received as the repayment of the said loan”, but the above statement was made.