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(영문) 서울중앙지방법원 2014.09.05 2014노2026
업무상횡령
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. misunderstanding of the gist of the grounds for appeal (no parking fee has been embezzled);

2. The judgment of this Court

A. According to the records, the following facts and circumstances are recognized:

(1) When a parking manager has issued a parking receipt after entering a vehicle into and out of the parking place, he/she shall not delete or change the information, such as entry vehicles, departure vehicles, parking fees, etc. for the vehicle parking, after being stored in the database of the head office.

However, it is possible to cancel the previous entry and re-enter the same as the discount fee is received after the fact.

In the case of embezzlement of December 2, 2010 among the facts charged in the instant case, the number of withdrawal hours on the receipt is 12:54, and the number of withdrawal hours is 12:55, and in the case of embezzlement of December 3, 2010, the number of withdrawal hours on the receipt is 13:08, and in the case of embezzlement of December 3, 2010, the number of withdrawal hours on the receipt is 13:08, while the number of withdrawal hours on the daily parking status is 13:11, there may be room for cancelling the previous entry contents after the cancellation of the discount fees.

In addition, on June 30, 201, F, who is the driver of the instant vehicle, drafted a written confirmation to the effect that “At the time of parking, parking managers were not young people (public interest service personnel).”

22 pages 22 of the evidence record. (2) However, according to the above certification, F was parked only in the instant parking lot for about 10 to 11 times from October 201 to February 201, 201, but it is doubtful that F was parked in the total of five times from August 18, 201 to January 12, 201, on the 27th page of the evidence on the parking record of the instant vehicle, for which the period of "from January 1, 2009 to February 28, 2011" was designated, and it was confirmed that F was parked in the total of five times from August 18, 201 to January 12, 201. The above certification was prepared at a point at least four months after the last parking, and the age limit of the parking administrator at the time of December 2, 2010 to December 3, 2010 at issue.

(3) The F shall be on January 12, 201.

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