절도
The defendant's appeal is dismissed.
1. Although the summary of the grounds for appeal has served in the car page as stated in the facts charged, there is no fact that the defendant embezzled 1.5 million won from the above car page.
2. The lower court determined that (a) the said carpet employee G and F received money from the Defendant consistently from the investigative agency to the lower court’s court.
The defendant's embezzlement can be fully recognized on the grounds of the circumstances that the defendant's statement, (2) G and F made a false statement, and there is no reason to mislead the defendant, and (3) the defendant is also aware of the fact that the investigative agency has given a direct payment of money to the above Kapet employee.
The decision was determined.
원심이 든 위 사정들에 ④ 위 카페 종업원인 G이 수사기관이나 법정 외에서 피고인과 통화하면서 “ 이 모랑 나랑 돈 삥땅 친 거 있잖아요
”라고 물은 데 대하여 피고인이 “ 삥땅 친 거를 걔가 어떻게 알아 ” 라고 답하고( 수사기록 제 20 쪽), “ 언니는 왜 손님 말을 듣냐고 자꾸 너는 우겨야지.
In light of the fact that “The decision of the court below is just and there is an error of law by misunderstanding of facts,” and that there was an error of law by misunderstanding of facts.
shall not be deemed to exist.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.