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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. There is no fact that philophones were purchased from E on the date and time stated in 2 of the facts charged.
B. The sentence of the lower court (one hundred months of imprisonment) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, E consistently states the fact that the Defendant sold the phiphones, that is, E’s statement is known to the Defendant, the background leading up to the sale and purchase of the phiphones, the place of sale and purchase, etc., coincide with objective data, such as very specific and monetary details, and no other circumstance exists to suspect the credibility of its statement. On the other hand, the Defendant was denied at all, while the Defendant did not deny E at first, the Defendant purchased at KRW 80,000 from the J, without giving the phiphones if he was to receive KRW 80,000,000, and at the second call from K to the second.
The statement was reversed, and after the re-examination of E, the first 1 column of 1,500,000,000,000,000 won was purchased at the J at the first time, and at the second time from K to K, E decided to purchase 1,50,000 won of 1,000,000 won of 40,000 won in its cash and 400,000 won that was withdrawn at the cash withdrawal period, but E was not met thereafter, and E was not only reversed, and the Defendant again reversed the statement that there was no purchase of 40,000 won in cash from E at the lower court’s direct examination of the witness E, and the Defendant withdrawn the above 400,000 won at the time of withdrawal of cash withdrawal from the cash withdrawal period twice.
The Defendant also made a statement at the court, and the Defendant released the sum of KRW 400,000 won on November 17, 2016, and KRW 300,000,000 from November 22, 2016, and paid the purchase price to E as a penphone, submitted a copy of the passbook as evidence. However, according to the above copy of the passbook, each amount is not a cash withdrawal but a remittance to another account.