The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, on November 27, 2017, did not sell a penphone to C on November 27, 2017 (the charge No. 1. A. 2796 on October 13, 2018), and there was no penphone to S on October 13, 2018.

(2019 Highest 5526.3.) Nevertheless, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous in the misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, confiscation, and collection) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the first instance court as to C’s sale of phiphones, the Defendant recognized the fact that the Defendant sold phiphones to C as indicated in the facts charged:

Therefore, the judgment of the court below which found the defendant guilty of this part of the charges is just, and there is no error of mistake of facts as alleged by the

① At around 14:50 on November 29, 2017, C voluntarily attended the Daegu Regional Police Agency for Narcotics Investigation and Benefitting the number of people and voluntarily submitted their arguments.

(2019 Highest 2796 Investigation Records No. 4, 12, 13 pages) C. On the day of self-denunciation, the police officer stated that “A had a telephone list with the Defendant,” and “B from the stairs of the 2nd floor in Daegu-gu, Daegu-gu, Seoul-gu, 2017, 100,000 won in cash to the Defendant and purchased phiphones.”

(2019 Highest 2796 Investigation Records Nos. 4, 17). C and the Defendant’s telephone contents conform to C’s statements.

(2) On May 29, 2019, he consistently stated that C purchased philophones from the Defendant on May 29, 2019, even after being subject to the investigation by the prosecutor of the prosecution, and that “I have been sentenced to imprisonment with prison labor for a case of which he voluntarily surrenders, and have been serving in prison for one year, or for one year or anyone who lives in prison.”

(No. 222 to 225 of investigation records) C is purchased from the Defendant at the Daegu District Court on July 26, 2018.