Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts, misunderstanding of legal principles, and the statements of victim E and F are not reliable, and the Defendant did not acquire the victim E and H’s chests.

(2) The lower court’s sentence of unfair sentencing (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

B. The Defendant, as indicated in the facts charged, acquired the chest and money from D, the chest and money from F, and the chest from E around August 10, 201.

2. Determination:

가. 피고인의 항소이유에 대한 판단 (1) 사실오인 및 법리오해 ㈎ 원심의 판단 원심은 다음과 같은 이유로 위 부분 공소사실에 대하여 유죄를 선고하였다.

① On August 15, 2011, the Defendant received three chests from the victim E, and sold them to D through F, and D remitted 6.2 million won to F with the chest payment. The F may recognize the fact that he remitted 6.2 million won to L account, which is the Defendant’s father, as is, the Defendant’s wife, and there is no evidence suggesting that the Defendant exchanged the said chests to E, and considering the economic situation of the Defendant at the time, the purpose of exchanging the breasts, etc., the fact that the Defendant acquired the chests from the victim E on August 15, 201 can be recognized.

② A statement made by F and K and F withdrawn 5.6 million won from the agricultural cooperatives located in the upper amba-dong, Hacheon-si on October 13, 201, around 13:29, the Defendant paid 4 million won out of the price of the said sand to E through F on November 10, 2011. This was two months after the delivery of the baby from E. At the end of August 6, 201, the Defendant was unable to exchange 7 Maca under the exchange conditions received from H on August 6, 201, and the Defendant was unable to exchange 3 Maca, which was already delivered from E on August 15, 201 as the exchange conditions, and the price for the chest was not paid to the sand on August 26, 2011.