The defendant's appeal is dismissed.

As to the violation of the Act on the Control of Narcotics, Etc. (mathy) and the Act on the Control of Narcotics, Etc. (mathy) by misunderstanding the substance of the grounds for appeal, or misunderstanding the legal principles, the Defendant only posted an advertisement, such as the charge, by deceiving a person who wants to purchase a penphone or marijuana without an intention to sell it, as a means of punishment, by deceiving him/her of money.

As such, a person who, although advertising as if he were a narcotics, was not a narcotics does not fall under the requirements of Article 62 (1) 3 of the Narcotics Control Act.

Nevertheless, the court below found the defendant guilty is erroneous in the misapprehension of legal principles or misconception of facts that it violated the prohibition of application by analogy.

Although the criminal defendant committed in relation to the application of concurrent crimes was actually a single act, the court below classified it into three and punished as concurrent crimes under Articles 37 and 38 of the Criminal Act.

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

As to the assertion of misunderstanding the facts related to Paragraph 1 of Article 1 of the facts constituting an offense on the grounds for appeal, the Defendant alleged in the lower court the same argument as the grounds for appeal on this part, and the lower court convicted him/her of the determination under the title “determination of the Defendant and the defense counsel” of the judgment.

In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, it is just to find guilty of this part of the facts charged, and there is a violation of law by misunderstanding of facts or misunderstanding of legal principles as pointed out by the defendant.

shall not be deemed to exist.

(1) Article 62 (1) 3 of the Narcotics Control Act shall apply to prohibited acts, such as manufacturing, trading, etc. of narcotics.