The defendant shall be innocent.

1. The Defendant is a person who runs a mobile phone sales business with the trade name of “D” in Busan Shipping Daegu C.

On November 8, 2012, the Defendant purchased one smartphone (hereinafter “instant smartphone”) equivalent to 990,000 won in the market value of the victim F owned by E at the above place.

In such cases, the Defendant, who runs the mid-to long-term mobile phone sales business, purchased the above smartphone in KRW 320,000, without neglecting his/her duty of care to verify whether he/she is the nominal or actual user of the above smartphone, and whether he/she is the nominal user, etc., and if he/she is not the nominal owner, etc., he/she acquired the stolen by purchasing the above smartphone in KRW 3

2. Determination

A. Recognizing the facts, according to the witness E’s statement on the 6th trial date, and the police interrogation protocol on the Defendant, E stolen the instant smartphone on November 8, 2012, and requested E to find out the Defendant’s store operated by the Defendant and purchase the said smartphone. The Defendant asked E to ask E to indicate his/her identification card, and after confirmation, requested E to indicate his/her identification card, to write his/her name, address, and contact number in his/her own pen, and then sign and seal on his/her name. The Defendant paid E with KRW 320,000 on the purchase price of smartphone, and received and kept a written application for issuance of a resident registration certificate from E, the Defendant confirmed whether the instant smartphone was lost or stolen by entering the serial number of the instant smartphone, and the fact that E was sold or sold under the name of the Defendant’s cell phone prior to his/her request.