The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

21,618,655 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles (the part on the Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics) led to all crimes committed from the investigation agency to the court below, but did not deny the violation of the Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, etc.

However, the defendant did not have any intention to obstruct investigation or conceal criminal proceeds, and it was true that the defendant received a transfer of the sales proceeds of phiphone to the new bank account (T) in the name of S. However, at the time, the defendant could not use his passbook because he was bad credit holders, and only was using the money exchange account already used for the convenience of money exchange.

In addition, the defendant recognized the fact of importing and trading philophones and actively cooperated in the investigation of narcotics crimes.

Therefore, the defendant did not have an intention to obstruct the investigation of the discovery of narcotics crimes or the source of illegal profits or avoid the confiscation of illegal profits.

Nevertheless, the judgment of the court below which found the guilty of this part of the charged facts is erroneous or erroneous in the misapprehension of legal principles.

B. The sentence of the lower court’s unfair sentencing (seven years of imprisonment) is too unreasonable.

2. Determination:

A. Article 7(1) of the Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, Etc., as to the misunderstanding of facts or misapprehension of legal principles, provides for punishing “a person who conceals or disguises the nature, location, origin, or ownership of illegal profits, etc. for the purpose of interfering with the investigation of the discovery of a narcotics crime or the source of illegal profits, etc. or avoiding the confiscation of illegal profits

The crime of violation of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, etc. to which the above provision applies, is an excessive subjective element, not intentional, and interferes with the investigation of the origin of narcotics crimes or illegal profits, etc.