The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 5 shall be confiscated.

Summary of Reasons for appeal

A. The lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine (as to the intermediation of the sale and purchase of phiphones on February 23, 2020), and did not arrange the sale and purchase of phiphones from E with D, but did not err by misapprehending the fact, or by misapprehending the legal doctrine, thereby mediating the Defendant to trade phiphones as indicated in the facts charged.

The wrong determination was made.

B. The sentence of the lower court (one year of imprisonment) against an unfair defendant in sentencing is too unreasonable.

The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.

In the facts charged in the judgment of the court below, the prosecutor, at the third trial date of the party in the trial, arrange the sale of phiphones among the facts charged in the case as follows.

3. A. Application for Amendments to Bill of Indictment was filed as described in the paragraph, and this Court permitted this and changed the subject of the judgment.

In doing so, the above part and the remaining facts charged of this case are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed. Accordingly, the judgment of the court below cannot be maintained in its entirety.

However, the defendant's assertion of mistake or misunderstanding of legal principles is still subject to the judgment of this court, which is examined below, even if there are grounds for ex officio reversal.

Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. On February 23, 2020, the Defendant: (a) delivered KRW 100,000 in cash to E, a book for the sale of phiphones upon request from D, who was located in the Michuhol-gu Incheon Metropolitan City, prior to C on February 23, 2020; and (b) delivered approximately 0.3 through 0.4g of phiphones received from E to the above D.

Accordingly, the defendant assisted the sale of philophones.

B. According to the evidence duly adopted and examined by the lower court and the first instance court, including the legal statement of the witness D, the Defendant and D.