The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for nine months.

from the defendant.

1. Summary of grounds for appeal;

A. In fact, the Defendant, on May 28, 2016 and July 31, 2016, purchased B and phiphones jointly and administered four times. However, on September 15, 2016, the Defendant did not sell approximately 0.1g of phiphones by having B receive KRW 100,000 from the Defendant’s residence and selling approximately 0.1g of phiphones.

B. The sentence of the lower court that is unfair in sentencing (one hundred months of imprisonment, additional collection) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On September 15, 2016, the Defendant: (a) around September 15, 2016, at his own residence located in Geumcheon-gu Seoul Metropolitan Government W building 101 Dong 1301; (b) obtained KRW 100,000 from B; and (c) provided approximately 0.1g of phiphonephones to him.

Accordingly, the defendant sold philophones.

B. The lower court found the Defendant guilty of the facts charged on the grounds that the statements made by B, consistent, and consistent with this part of the facts charged, are consistent with the monetary details and X’s statements.

(c)

However, each statement in B's investigation agency, the court below and the court below's trial are hard to believe in the following respects, and the remaining evidence alone is insufficient to recognize this part of the charge that the defendant sold a phiphone to B, and there is no other evidence.

Therefore, the defendant's assertion of mistake is justified.

The Defendant and B bear 1.6 million won for the purchase of philophones even before, and B purchased philophones on two occasions by taking charge of the actual purchase of philophones, and then purchased philophones and administered 4 times by dividing philophones. However, it is not easy to understand that the Defendant demanded philograms only on the date above Dolograms. The Defendant’s demand for the purchase of philograms is a small amount of KRW 100,000,000, and the Defendant and B engaged in the sales of used cars as a long-standing relationship, and have been residing in the same house.

B There is a dispute between the defendant and used car sales business.