The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant lent KRW 900,00 to G on July 14, 2012, and the Defendant 2.1g of philophones to the Defendant among July 2012, 2012.

The first 90,000 won is not received from the philophone price, so the crime of purchase of philophone is not established.

In addition, on July 2012, 2012, the defendant issued one g of a phiphone to H on the lower day, and 200,000 won from H, but the above 200,000 won was given and received as transportation expenses, not in the name of a phiphone, and thus, the crime of selling phiphone is not established.

B. The lower court’s sentencing (one year and six months of imprisonment, confiscation, and collection KRW 1.3 million) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts (in particular, H and G were punished as a crime of selling phiphones as above (Seoul District Court Decision 2012Da3223, etc., 2012Kadan4625, etc.), and their investigative agency’s statement, there are no special circumstances to suspect the credibility of the statement made by G.), the defendant can fully recognize the fact that the defendant remitted 90,000 won of phiphones to G, purchased phiphones by receiving 2.1g of phiphones from H, and then sold phiphones by delivering 20,000 won of phiphones and one g of phiphones to H.

Therefore, the defendant's assertion of mistake is not accepted.

B. Each of the instant crimes on the assertion of unfair sentencing falls under the aggravated area (i.e., the scope of recommendation) of types 1 and 2 (ii) (i.e., the number of months to four years), the area of aggravation (i.e., the period of suspension of execution within three years), the same criminal records (i.e., the period of suspension of execution within three years), the area of aggravation (i. the scope of recommendation), the area of aggravation (i.e., the period of one year to three years), the area of aggravation (i. the period of suspension of execution within three years), (ii) the same criminal records (i.e., the period of suspension of execution within three years), and (iii) the scope of final sentence due to the aggravated punishment is calculated as "one year to six months and seven years.