횡령
The defendant shall be innocent.
The facts charged in the instant case are as follows: (a) around June 2013, the Defendant entered into an agreement with the victim C and the Republic of Korea to purchase high-speed cell phones and distribute profits therefrom; (b) purchased 169 mobile phones from the Republic of Korea on June 21, 2013; and (c) left the Republic of Korea with the victim and the Philippines on June 21, 2013; (c) around 02:20:20 on June 25, 2013, the Defendant sold and stored 129 medium cell phoness in the cream line of the Switzerland to use them as a means of movement in the Republic of Korea; and (d) operated the 129 medium-sized mobile phone to use it as a place for use, and embezzled it by arbitrarily disposing of the said 129 medium-sized mobile phone.
Judgment
The main evidence supporting the above facts charged against the defendant lies in a closed-circuit (CCTV) video of C, a complainant, a statement at the investigative agency, and a closed-circuit (CCTV) hotel suitable for the hotel of the above closed-circuit (CCTV).
However, even according to all the evidence submitted by the prosecutor for the following reasons, there is reasonable doubt as to the facts charged that the defendant arbitrarily disposed of the above and embezzled the cell phone.
A. First of all, the victim C’s legal statement and the statement made at an investigative agency do not directly consider the situation in which the defendant directly sold the above main cell phone at his own discretion, but it was difficult to doubt that the defendant’s behavior, which had the local sales of the above main cell phone in the Philippines and divided the profits therefrom in a certain ratio, was various. In particular, on the day of the case, the defendant parked a car with a siren for travel containing the above mobile cell phone at the above closed circuit fluor hotel, such as the video of the above closed circuit fluor on the day of the case, and moved from the victim and the vehicle to the hotel accommodation, and did not speak to himself, and on the day, it was around 02:19 on the spot.