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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. A person who intends to use a misunderstanding of fact-finding device-oriented site, who is a device whose minimum purchased was normal, must be confirmed, and if the given device was found to be a device that has not been normal, the Defendants, who are engaged in the business of selling and buying the device, have the duty to investigate the particulars of acquiring the device from the device seller.
On the other hand, at the time of search and seizure of the Defendants' offices, 526 core chips were seized, and the device with core chips is seriously doubtful of loss or theft.
Comprehensively taking account of these circumstances, the court below found the Defendants not guilty of the acquisition of 61 cellular phones, even though it was sufficiently recognized that the Defendants had the awareness of the fact that the cell phones was stolen. The court below erred in the misunderstanding of facts.
B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended sentence) is too uneased and unreasonable.
2. Judgment on the assertion of mistake of facts
A. A. The summary of the facts charged (not guilty portion) conspired with the Defendants on April 16, 2013 at the 2nd floor office of Dobong-gu Seoul Metropolitan Government (Seoul Metropolitan Government) and purchased from AB one cell phone of LG-F100S cell phone, the victim AB lost, from around March 31, 2014, from that time until March 31, 2014, the Defendants purchased the aggregate of KRW 1 through 6,8,10 through 14, 17, 18, 21 through 23, 25 through 27, 33 through 36, 38 through 43, 45 through 51, 53 through 62, 64, 65, 67, 68, 70, 72 through 775, 78, 80, 84, 85, and 201 cell phone price.
B. In light of the following circumstances, the lower court’s determination is difficult to readily conclude that the Defendants acquired each of the aforementioned mobile phones with suspicion that each of the aforementioned mobile phones stated in this part of the facts charged is stolen, and otherwise, the Defendants are stolen.