The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Nos. 2 through 33.

1. The sentence imposed by the court below on the summary of the reasons for appeal (a prison term of four years, confiscation and collection) is too unreasonable.

2. Each of the instant crimes committed by the Defendant, in collusion with C, is a case in which the Defendant, in collusion with C, imported phiphones into the Republic of Korea, sold, received, administered, or possessed phiphones imported into the Republic of Korea, and by deceiving the Victim CK independently, thereby deceiving the Victim CK with KRW 40 million.

Narcotics crimes are not easy to detect in their characteristics and are highly likely to cause serious harm to the whole society as well as individuals due to their toxicity.

Nevertheless, the defendant imported a considerable amount of 256.97g philophones in Korea, and sold and received them, and the number of times of such sales and receipt is not less than 40 times, and the criminal liability is less than 50 times.

On the other hand, the defendant makes confessions of all facts constituting a crime in the court of first instance.

Some of the penphones imported, imported, sold, or received by the Defendant appears to have committed the crime according to the instructions given by C, an accomplice, and 44.97g of the penphones imported by the Defendant was confiscated, and thereafter, the Defendant’s cooperation in the investigation was arrested by the persons who intend to purchase the penphones from the above C, and the Defendant was also making efforts to recover from the damage caused by the narcotics crime, such as making a donation of KRW 10 million to prevent and educate the addiction of narcotics, etc., in the first instance. There are many circumstances to be considered in favor of the Defendant, such as: (a) the Defendant fully repaid the damaged amount to the victim of the fraud in the first instance; and (b) the victim did not want to be punished against the Defendant.

In addition to all these circumstances, considering the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and all of the sentencing conditions shown in the records and pleadings, the sentence sentenced by the lower court appears to be significant in light of the degree of responsibility of the Defendant, and thus, the Defendant’s person with respect to the wrongful sentencing.