The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

50,000 won shall be additionally collected from the defendant.

(e).

Judgment on the Grounds for Appeal

1. The summary of the grounds for appeal did not have purchased Mestopphones (hereinafter “stopphones”) from E, but the lower court found the Defendant guilty of all the facts charged on the basis of only the E’s statement that is not reliable. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the purchase of philopon on January 7, 2009, the court below found that the defendant requested the purchase of philopon to E on January 7, 2009, and purchased approximately KRW 500,000 won from E after about one hour after E to 0.5g of philopon, and sufficiently recognized the facts that the defendant gave rise to the fact that he purchased about 0.5g of philopon from E (the statement of the court below as to the above facts charged is consistent and consistent with the investigation agency from the court below to the court below, and the fact that E led to the confession of philopon with F after obtaining the investigation of F's first, and immediately, the above sale was likely to have been altered, in light of the circumstances that the above statement constituted an intermediary act upon the defendant's request for purchase, the court below's determination of facts is justified and there is no error in the misapprehension of the facts as alleged in the above facts charged.

나. 2009. 1. 24.자 및 2009. 2. 중순경 각 필로폰 매수의 점에 관하여 ⑴ 위 각 공소사실의 요지 이 부분 각 공소사실의 요지는 ‘㈎ 피고인은 2009. 1. 24. 15:00경 인천 남구 C에 있는 피고인이 경영하는 ‘D' 치킨집 앞길에서, E에게 필로폰을 구해 달라는 부탁과 함께 80만 원을 건네주고, 같은 날 22:00경 위 치킨집 앞길에서 위 E이 G를 통하여 구입한...