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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
450,000 won shall be additionally collected from the defendant.
Reasons
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of this part of the facts charged, inasmuch as there was no fact that the Defendant purchased phiphones from C around September 27, 2013, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (one year and six months of imprisonment, additional collection of KRW 450,00) is too unreasonable.
2. Determination
A. The lower court consistently admitted the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake, namely, C made a confession at an investigative agency around September 27, 2013 that it sold phiphones to the Defendant, and consistently recognized the sale of phiphones as indicated in the judgment at the investigation agency, and consistent with C’s telephone conversations between the Defendant and C, and C, at the lower court’s court on September 27, 2013 and October 13, 2013, reversed the Defendant’s statement that there was no fact of selling phiphones to the Defendant at all at around 10, 2013. However, C’s aforementioned statement is inconsistent with C’s statement that the Defendant purchased phiphones from C around October 13, 2013, and that it was difficult for the Defendant to be sentenced to a suspended sentence of 10-year imprisonment with prison labor for committing a crime of perjury, which was issued to the Defendant as a witness at the time of 20-month testimony.