Defendant

A Imprisonment with prison labor for one year, for seven months, and for one year, for Defendant D.

A. In the facts charged of mistake of facts (defendant C, D) as to the acquisition of stolen goods against smartphones listed in Nos. 6, 12, 13, 15, 16, 19, 22, 23, and 24 of the annexed crime list among the facts charged in this case, each victim of the above smartphones was not specified, and no report of loss was made, and thus, the above nine smartphones cannot be ruled out that they could have acquired the above smartphones by means other than property crimes, i.e., the possibility that they would have acquired them by means other than property crimes. Thus, it is improper to find the defendant guilty of this part of the charges on the acquisition of stolen goods solely on the basis of the evidence submitted by the prosecutor.

B. The sentence imposed by the court below (the defendants A: imprisonment of 1 year and 2 months; imprisonment of 8 months; imprisonment of 1 year and 6 months) is too unreasonable.

2. First of all, we examine Defendant C and D’s assertion of misunderstanding of facts (ex officio prior to the judgment on the assertion of unfair sentencing with respect to Defendant A).

On August 24, 2012, Defendant A sentenced 10 months to imprisonment with prison labor for the acquisition of stolen goods at the Daegu District Court on August 24, 2012, and completed the execution of the above punishment on November 25, 2012.

Defendant

C On February 9, 2012, the Daegu High Court sentenced two years and six months to imprisonment for special robbery, etc., and completed the execution of the said sentence on July 9, 2013.

Defendant

D On August 24, 2012, the Daegu District Court sentenced one year and six months of imprisonment to acquire stolen goods, and completed the execution of the sentence on July 25, 2013.

【Criminal Facts】

Defendant

A and C purchase of a stolen mobile phone from a taxi engineer, etc. and sell it to Defendant D who is a stolen business entity. Defendant D purchased a stolen mobile phone from Defendant A, etc., and then re-sale it to G (one person H) who is a Chinese nationality exporter of the mobile phone.

(1) Defendant A, C, and B are the Defendants and B around November 2013.