A. The Defendant was not aware of the fact that he purchased a smartphone, a stolen, from F.

B. The sentence of first deliberation (6 months of imprisonment) on sentencing is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the first instance court and the first instance court as to the assertion of mistake of facts, the Defendant may fully recognize the fact that the Defendant acquired a smartphone, a stolen object, from F as stated in the first instance judgment.

The defendant's assertion of mistake is without merit.

① From the investigative agency to the court of first instance, F met the Defendant introduced through E on September 16, 2015, and expressed in detail the process and process of receiving KRW 100,000,00 from the Defendant who sold S4 smartphones and withdrawn cash from H during the gallon gallon, and the process of receiving KRW 100,000 from the Defendant who withdrawn cash. The details of the statement are sufficiently supported by F and E’s conversation between E, the details of the bank account transaction in the name of the Defendant, and the respective statements of E and H.

It is difficult to find out motives or circumstances to make false statements to the accused.

F's statement is highly reliable.

The F initially stated that “the stolen smartphone was sold by leaving it to E” when he was investigated by the police, but it appears to have been aimed at reducing and concealing the commission of the instant crime by himself and persons. It seems that the statement made by the F, E, and H on the instant crime is merely due to the limit of memory following the lapse of time, and it is difficult to view the F’s statement as a ground for rejecting the credibility of the F’s statement.

(2) Between September 15, 2014 and September 17, 2014, the defendant appears to have paid the family funeral allowance to the head of a funeral hall with his/her natives during the period from September 15, 2014 to September 17, 2014.

However, the defendant on September 2014.