The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to the crime of purchasing philophones as stated in Paragraph 1 of the judgment of the court below, there is no fact that the defendant purchased philophones from D.

B. The sentence imposed by the lower court (one year and three months of imprisonment, and additional collection) on the ground of unfair sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.

The lower court convicted the Defendant of this part of the facts charged on the ground that the statement of D, following the examination of the witness of D, that the Defendant purchased the penphones purchased from D from D, was reliable, and that the other evidence duly adopted and investigated by D was considered to have been found to have been credibility.

However, in light of the contents of the lower judgment and the evidence duly examined in the lower court and the lower court, the lower court’s determination on the credibility of D’s statement was clearly erroneous.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just and it cannot be said that there was an error of mistake of facts affecting the judgment.

Therefore, we cannot accept the defendant's assertion of mistake of facts against this issue.

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