A. According to the evidence submitted by the water acquisition prosecutor, the court below erred by misapprehending the legal principles or erroneous determination of facts, although the defendants knew that the cell phone purchased from J was stolen and acquired in order to obtain high profits from sale to R while recognizing that the defendants were stolen, the court below acquitted the defendants.

B. In full view of the fact that the Defendants’ act of fraud committed fraud in this part can be sufficiently recognized, in light of the following: (a) the Defendants got through J using their identification cards; (b) the purchase of mobile phones at a significantly low price compared to the market price from J; (c) the amount paid to J was unable to maintain the opening phone; and (d) the mobile phone paid to the Defendants appears to have been exported abroad.

2. Determination

A. As to the acquisition of stolen property and the acquisition of stolen property by occupational negligence, the prosecutor in charge of the misconception of facts or misapprehension of legal principles as to the primary facts charged, as seen in the following (2) above, found the acquisition of stolen property not guilty by the court below as the primary facts charged, and added the acquisition of stolen property by occupational negligence as the ancillary facts charged.

As to the primary facts charged, the lower court acquitted the Defendants on this part of the charges on the grounds that the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendants committed the crime of acquiring stolen property in this part, and that there is no other evidence to

The following circumstances acknowledged by the record, namely, ① even before commencing transactions with the Defendants, the J has a transaction experience in opening one-time cell phone tin, ② the J attempted to communicate the Defendant A in advance and sell a mobile phone, ③ the payment of the cell phone or the installment of the telephone fee for the mobile phone sold to the Defendant A.