점유이탈물횡령
The defendant is not guilty. The summary of the judgment of innocence is publicly notified.
1. On June 8, 2018, the Defendant, at around 23:32, 2018, embezzled the facts charged, without following necessary procedures, on his/her own idea that he/she had, without following the following procedures: (a) he/she found DNAs equivalent to KRW 150,00,00 at the market price of the village bus located in the “Sacheon-gu Seoul Mapo-gu” direction and returned to the victim; and (b) he/she embezzled it.
2. According to the evidence duly adopted and examined by this court, it is recognized that ① the defendant has boarded the village bus above the date and time indicated in the facts charged, ② the fact that the defendant has laid in his seat, ② the fact that the defendant has laid in the seat above his seat and brought about the article to his seat.
However, the following circumstances are as follows: ① it is impossible to clearly determine whether the Defendant was the victim's goods brought by the video recording of a black box with the condition recorded at the time alone; ② the Defendant brought the goods to his seat immediately after having taken them, and brought them to his own seat before moving the place and cannot be confirmed; ③ the victim made a statement that seems to correspond to the facts charged in this case in this court, but the victim did not directly witness the situation at the time, and the victim made a statement at an investigative agency based on this memory, and it is difficult to view that the above statement and the evidence submitted by the prosecutor alone was proven without reasonable doubt, and there is no evidence to acknowledge it otherwise.
Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure Act.