Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

1. Summary of grounds for appeal;

A. Although there was a fact that the Defendant and the applicant for medical treatment and custody (hereinafter “Defendant”) in mistake of facts wired KRW 2700,000 to the national bank account in the name of Ansan-dong around May 12, 2011 as indicated in the judgment of the court below, the Defendant merely wired money that AR may remit to AG upon the AR’s request, and the Defendant did not purchase a writingphone from AG and wired the said money to the purchase price.

Nevertheless, the judgment of the court below that found this part of the facts charged guilty is erroneous and adversely affected by the conclusion of the judgment.

B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and the evidence duly adopted and examined in the trial court, the Defendant’s purchase of 5g phiphones from AG around May 12, 201 is recognized, so the Defendant’s above assertion is not acceptable.

(1) The record reveals the following facts: ① (a) on May 12, 2011, the Defendant sent cash of KRW 270,000 to the National Bank account (Account Number: AS) at the point of Taedong-dong Agricultural Cooperatives (hereinafter referred to as “Investigation Record”; (b) on May 12, 2011, the investigation record of the case No. 7812, 825, and 8346 at the seat of the Daegu District Prosecutors’ Office (hereinafter referred to as “Investigation Record”); (c) on May 12, 2011, the Defendant and AG transferred the money to AG by the Defendant, 15:20:13:15:15:36:36:42:46:15:46:15:46:46:175:35:45:375:3755:37545:2750,4757:375.

SheG did not engage in any transaction in the investigative agency as it did not accurately inform the AR of the philopon price, but she believed she to believe her ‘B' and 5g.