The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of this part of the facts charged, inasmuch as the Defendant did not sell philophones as indicated in Article 1, 3, 4, and 5 of the facts charged, the lower court erred by misapprehending the facts.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is excessively unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances are acknowledged based on the evidence duly adopted and investigated by the lower court, namely, ① purchase of phiphonephones from the Defendant at the prosecutor’s office and the lower court court’s court as stated in Articles 1 and 3 of the facts charged.

In light of the facts stated (Evidence No. 626 pages, Court Records No. 57 pages), ② D has no reason to make a false statement unfavorable to the Defendant, ③ the amount of KRW 1.4 million was deposited from D’s corporate bank account as of the date stated in paragraph 1 of the charge, and the date stated in paragraph 3 of the charge, and the remittance of KRW 1.0 million from D’s one bank account to the Defendant’s account (Evidence No. 114, 120 pages) from D’s one bank account as of the date stated in paragraph 3 of the charge (Evidence No. 114, 120 pages), comprehensively taking account of the credibility of D’s above statement, the Defendant can sufficiently be recognized that the Defendant sold phiphones, as stated in paragraphs 1 and

2) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court on the part of the facts charged Nos. 4 and 5 are: (i) H living together with D purchased phiphones from the Defendant at the prosecutor’s office and the court of the lower court as stated in Articles 4 and 5 of the facts charged; (ii) there is no reason for H to make a false statement unfavorable to the Defendant; and (iii) in the court of the lower court, H to the effect that “I purchased phiphones twice on the same day” (the evidence record No. 630 pages, the trial record No. 52 pages); and (iv) there is no reason for H to make a false statement unfavorable to the Defendant; and (iv) in the court

했는데 피고인이 필로폰을 가지고 S과 같이 왔다, 필로폰을 S으로부터 샀다’ 는 취지로도...