Defendant shall be punished by imprisonment without prison labor for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. The crime of acquiring property through occupational negligence by public prosecutor is stipulated by the law only by imprisonment without prison labor and fine, and the court below is a violation of the law that sentenced imprisonment.

B. Defendant 1) In light of the legal principles, mistake of facts, Defendant 1’s purchase of books from H according to the same criteria as other customers, Defendant had been experienced in his previous book-keeping, Defendant was working in his book-keeping or publishing system, and Defendant’s share of purchase from H is not high in light of the period of farcing his book-keeping or publishing system, and the scale of purchase and sales of book-keeping operated by the Defendant’s book-keeping, Defendant’s negligence is not recognized. 2) Punishment sentenced by the lower court of unfair sentencing (two years of suspended sentence for six months, community service, 100 hours) is too unreasonable.

2. Determination

A. Article 364 of the Criminal Act provides that the public prosecutor’s grounds for appeal shall be punished by imprisonment without prison labor or a fine for the crime of acquiring stolen property through occupational negligence. Since the court below sentenced imprisonment not prescribed by law, it constitutes a violation of the law that affected the judgment.

Therefore, prosecutor's assertion is justified.

B. In a case where there are special circumstances to suspect whether the goods are stolen even though a person who operates a first secondhand shop in the judgment of the defendant's misapprehension of the legal principles or a mistake of facts had gone through the identification process of the seller in purchasing the books, or where the goods have been purchased through a more detailed care in the nature and type of the goods purchased and the identity of the seller, etc. although he could have known that the goods are stolen, the crime of acquisition of stolen goods by occupational negligence is established. Whether there are special circumstances to suspect whether the goods are stolen or not or not shall be determined by the seller's personal information and status, the nature and type of the goods, the price of the goods, and the objective purpose of the seller and the seller.