The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant did not sell phiphones to D, the lower court found the Defendant guilty of the facts charged in the instant case, it erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one year of imprisonment, additional collection) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in this case is that the Defendant is not a narcotics handler, and thus cannot handle the Meteptopule (one philopon; hereinafter “philopon”) which is a local mental medicine.

1. On September 20, 2016, the Defendant received 300,000 won in cash from D at the G apartment parking lot in Yangju-si, and sold 0.5g philopon to him.

2. On September 29, 2016, the Defendant received 350,000 won in cash from D at the lower parking lot, and sold 0.5g philopon to him.

3. On October 21, 2016, the Defendant received 350,000 won in cash from D at a farm located in Yangju-si, Yang Sung-si, and sold 0.5g philophones to him.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

(c)

In full view of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and examined by the court below, i.e., (i) D consistently made a statement from the prosecutor to the court of the court below on the grounds that the Defendant purchased the phiphones from the Defendant; (ii) no other circumstance exists to suspect the credibility of each of the instant crimes; (iii) the fact that the Defendant and D have confirmed the telephone conversations at the time of each of the instant crimes; and (iv) the fact that D administered the phiphones on a total of six occasions each of six occasions per each of the date of purchase of the instant phiphones from the Defendant (two times x three days x three days x 3 days).