The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not know that the precious metal was a stolen at the time of purchase of precious metal from E, and there was no intention to acquire the stolen.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Before deciding on the grounds of ex officio appeal, the prosecutor tried to examine the previous facts charged as the primary facts charged, and added the same contents to the facts charged as the previous facts charged as the previous facts charged, and added “acquisition of the chief of the office in charge of duties” to the name of the crime, “Article 364, Article 362(1), Article 37, and Article 38 of the Criminal Act” as stated in the applicable law, and the amendment of the indictment was amended by this court’s permission.

As examined below, the lower court found the Defendant guilty of the primary facts charged, or erred by misapprehending the legal principles, which affected the conclusion of the judgment, and found the Defendant guilty of the primary facts charged, and thus, the lower court was no longer able to maintain any further.

3. Judgment on the primary facts charged

A. On September 3, 2014, the primary Defendant acquired 2,158,000 won in total seven times from May 21, 2015, including the purchase of 14K 1,27,000 won at the market price, which he stolen from “D” bank located in the Busan Young-gu, Busan. In addition, the Defendant acquired stolens worth KRW 2,158,000 in total from May 21, 2015.

B. 1) Determination 1) In the case of the crime of acquiring stolens, the perception of stolens does not need to be a conclusive perception, and it is sufficient to have dolusent perceptions to the extent of doubt that the stolens are ambiguous, and whether it was aware of the fact that it is a stolen, shall be determined by taking into account the identity of the possessor of the stolens, the nature of the stolens, the transaction cost, and other circumstances.