The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

60,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal by the defendant;

A. The Defendant does not have purchased, issued, or administered a penphone as stated in the facts constituting a crime in the judgment of the court below.

B. The sentence imposed by the lower court (two years of imprisonment, additional collection of KRW 600,00) is too unreasonable.

2. Determination

A. 1) Direct and core evidence consistent with the facts charged in the instant case is the statement of the witness E in the lower court. However, regarding the statement of the said witness, the Defendant asserts that E has made a false statement with respect to the Defendant. Since the Defendant had been punished by informing the former husband K as a drug offender around the past 2008, E is making a false statement and testimony with respect to the Defendant for the purpose of retaliation. Ultimately, the issue of this case is whether the credibility of the testimony of the witness E in the lower court is credibility or not. 2) The difference between the first instance court and the appellate court’s credibility evaluation method adopted by the Korean Criminal Procedure Act as one of the elements of the trial-oriented principle is considered in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of the testimony of the witness in the first instance court is not clearly erroneous, or the first instance court’s determination on the credibility of the testimony in the first instance court’s first instance court’s first instance judgment and the second instance court’s determination on the admissibility of evidence examination.