The prosecutor's appeal is dismissed.

1. Although the summary of the grounds for appeal can sufficiently recognize the fact that the defendant neglected his duty of care in purchasing the visibility of this case, which is a stolen object, from E, the lower court erred by misapprehending the fact that the defendant was not guilty, thereby adversely affecting the conclusion of the judgment.

2. In the facts charged, the Defendant is a person who engages in precious metal trading business with the trade name “D” in Seocheon-gu, Seocheon-si C.

At around 15:00 on May 25, 2012, the Defendant purchased one of the Oral Bao Bao Babs equivalent to KRW 2.2 million in the market price owned by the victim F, who was found to be a taxi driver, from the taxi driver E at the same gold bank.

In such cases, the defendant, who is engaged in the sales business of precious metals, has a duty of care to verify whether he/she is stolen by ascertaining the personal information, etc. of E, while examining whether he/she requests the details of acquisition of handout, motive for sale and price suitable for the transaction price.

Nevertheless, the Defendant neglected the above duty of care and acquired the stolen by purchasing the above visibility of KRW 500,00,000, while neglecting the judgment on the stolen goods.

3. Determination

A. The lower court determined that the following circumstances, i.e., ① the Defendant, at the time of the purchase of the instant visibility, presented his resident registration certificate from E and her personal information, and entered his/her name, resident registration number, telephone number, etc. in the High Price Purchase and Sales Book, ② the Defendant asked E at the time of the purchase of the instant visibility, asking him/her about the process and motive for the purchase and sale of the instant visibility, and then confirmed that “E was subject to exchange gift from his/her own consciousness, but is too difficult to sell,” and there are special circumstances to suspect whether the instant visibility was the stolen goods in the process and motive of the purchase and sale of the instant visibility.”