The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. The amount of KRW 3 million in cash from No. 67 and 68 of the misunderstanding of facts was earned by selling a mobile phone normally while the defendant was in a normal way, and the profits earned by the crime of this case was not realized.

Nevertheless, the judgment of the court below which confiscated three million won in cash is erroneous in misunderstanding of facts.

B. The sentence imposed by the lower court on the Defendant (a year and six months of imprisonment, a suspended sentence of three years, a community service work 200 hours, confiscation) is too unreasonable.

2. Determination

A. Determination of the assertion of mistake of facts, confiscation of the subject matter of collection, or recognition of the amount of collection does not require strict proof.

(See Supreme Court Decision 2006Do9314 Decided March 15, 2007, etc.). The following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the Defendant purchased a used mobile phone and opened the so-called “largephone” using another person’s personal information, and then proceeds from selling the used mobile phone at a price higher than the purchase price of the used mobile phone; ② the Defendant was holding 315,219 personal information; ② the Defendant sold the 150 to 200 large phone (Evidence No. 150 pages) monthly average (Evidence No. 150 pages); ③ the mebook, pocket book, computer X file, etc. found in the Defendant’s office, and the details of sales of the cell phone are not stated in the Defendant’s office without opening the cell phone; ④ Even if the Defendant’s personal information was made in the office such as D, P, andO, the Defendant appears to have sold the mobile phone as it did not appear to have been sold at the Defendant’s office.