The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The Young-gu branch office of the Chuncheon District Public Prosecutor's Office.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the fact, the Defendant purchased and delivered E together when he/she/it seeks narcotics, and there is no fact that he/she received money from E and sold money.

B. The sentence of the lower court’s unfair sentencing (a punishment of two years of imprisonment, confiscation, and collection of five million won of the evidence of No. 309 of 2017, which was attached at the time of medication) is too unreasonable.

2. Determination

A. misunderstanding of facts and misapprehension of legal principles, the Defendant only delivered narcotics to E.

However, the following facts are acknowledged according to the evidence duly adopted and investigated at the lower court and the first instance court, i.e., ① 1.9 million won in the N account jointly used by the Defendant and B on April 11, 2016; ③ 600,000 won in the above N Account on March 10, 2017; ② the Defendant received money from E from the police; ② duplicating the 4g and 1g penphone at the price; duplicating the 1.2g penphone from E upon receiving KRW 1.2 million in the first patrol on April 2017; and duplicating the 2g unit phone upon receiving KRW 100,000 on April 20, 2017; ③ the Defendant received money from E; and ③ 100,000 won in personal consumption of KRW 10,000 in the price received from E.

However, inasmuch as E did not take profits from selling philophones to E, it is argued that E and philophones were used to purchase philophones jointly from the upper line, but the philophones were dryed in return for direct payment from E, and the 100,000 won out of the price of philophones acquired sales profits.

As can be seen, it can be evaluated as selling philophones, and ④ E purchased philophones from the Defendant at the investigative agency, and the Defendant was unaware of how he sought philophones from anyone.

(5) The defendant purchased a penphone from investigative agency to E, and B and the defendant are also the defendant.