All appeals filed by the prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of all the circumstances such as the developments leading up to the purchase of the instant truck and the acquisition price thereof, the Defendants were aware of the fact that the instant truck was a stolen.

I would like to say.

Therefore, the judgment of the court below which acquitted the acquisition of stolen goods, which are the primary facts charged, is erroneous by mistake.

B. The sentence sentenced by the lower court (Defendant B: fine of KRW 5 million; fine of KRW 4 million; fine of KRW 4 million for Defendant C); and fine of KRW 2.5 million for Defendant D) is too uneased and unreasonable.

2. In determining the assertion of mistake of facts, the perception of stolen goods does not need to be a conclusive perception, and it is sufficient to have dolusence to the degree of doubt as to whether the stolen goods were aware of the fact. Whether the stolen goods were aware of the fact shall be recognized by taking into account the identity of the possessor of the stolen goods, the nature of the stolen goods, the transaction cost, and other circumstances (see Supreme Court Decision 2004Do6084, Oct. 13, 2006, etc.). In light of the following circumstances acknowledged by the records of this case, the defendants perceived the truck of this case as stolen goods even if they were aware of the fact that the truck of this case was stolen.

It is difficult to readily conclude, and there is no other evidence to acknowledge it.

① Defendant B believed that the instant truck was unable to receive documents, such as an automobile registration certificate, due to the company’s default on payment in order to leave the instant truck, and sent the owner’s identification card by facsimile.

Although the request was made, A did not send the instant truck (Evidence 741,742 pages). Defendant C and D were believed to be unable to receive documents, such as a motor vehicle registration certificate, through Defendant B (Evidence Records 797,805). ② The motor vehicle that is unable to obtain documents, such as a motor vehicle registration certificate, due to a default on payment, etc., is likely to be equipped with documents later and scrap back once again (the trial record 136 pages). ③ The Defendants transported the instant truck through a consignment article (Evidence 55, 596 pages), and the instant truck.