The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to the mistake of facts, the Defendant was aware of the fact that he had conducted the replacement of VoIPware equipment and core chips, but the Defendant was aware of the fact that the said work was helping China to make a telephone at a low price in the Republic of Korea, and did not conspired to commit fraud in the judgment, and did not have any intention to commit fraud.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in misconception of facts.

B. The sentence imposed by the court below on the defendant (two years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The Defendant alleged the same purport as the grounds for appeal in the lower court’s determination of mistake, and the lower court rejected the said assertion and found the Defendant guilty of the instant facts charged, while explaining detailed circumstances as indicated in its reasoning.

In light of the records of this case, the judgment of the court below is just and acceptable, and the defendant's above assertion of mistake of facts is not acceptable.

B. We examine the argument of unfair sentencing, and there is no change in circumstances that may consider the sentencing after the judgment of the court below, and the act of installing and managing the “VoIP retail”, such as the Defendant’s crime of this case, serves as the basis for other serious crimes, such as Bophishing fraud. The instant VoIPware equipment and so on are actually used for Bophishing fraud, and the victims are taken over an amount exceeding KRW 180 million in total, and the USIM in the name of another person used for the instant crime exceeds KRW 200,000. Considering the various sentencing conditions indicated in the instant records and arguments, the court below’s punishment is too excessive even if considering the circumstances asserted by the Defendant as the grounds for appeal.