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The defendant shall be innocent.
Reasons
On February 15, 2013, the summary of the facts charged is as follows: (a) in collusion with the above defendant C, the defendant in Guro-gu, Gwanak-gu, and Gangnam-gu, Seoul; (b) around February 15, 2013, the defendant moved the above defendant C to a place where he would purchase a lost or stolen mobile phone on a hived vehicle; and (c) the above defendant C purchased and acquired the stolen article with the knowledge that the defendant was a stolen article, with the knowledge that the victim C would sell a lost or stolen mobile phone, and 9.60,000 won at the market price of the lost or stolen mobile phone; (d) 21 option 21,000 won at the market price of the victim E; and (e) 51 opphones at the market price of which the victim F lost, respectively.
The Defendant asserted that on the day of the instant case, the Defendant was aware that he was carrying the Defendant C on the A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A
In light of the following circumstances, whether the defendant conspireds with the above defendant C to acquire stolen goods or not, the defendant has no record of acquiring stolen goods, and the above defendant C purchased stolen goods from February 1, 2014 on the date of arrest, but the defendant was driving a vehicle with the above defendant C on February 15, 2014 on the day of arrest, and the defendant was friendly with the above defendant C, it cannot be ruled out that the defendant was aware that he would purchase stolen goods, not merely purchasing stolen goods, such as the defendant's defense, but merely purchasing heavy cellphones. The evidence submitted by the prosecutor alone is insufficient to acknowledge the facts of conspiracy, and there is no other evidence to prove them otherwise.
Thus, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, is acquitted pursuant to the latter part of Article 325