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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the grounds of appeal is not consistent with the defendant's statement concerning the crime of this case, 100,000 won and 100,000 won and 100 won must have been deposited in a small credit cooperative during the defendant's business hours, according to CCTV video, the facts charged of this case can be fully recognized, in full view of the following facts: (a) the defendant's statement about the crime of this case is not consistent; (b) the defendant's statement about the crime of this case was destroyed; and (c) the CCTV video was committed a doubtful act
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the Prosecutor applied for changes in indictment with respect to larceny to the crime of occupational embezzlement. Since this Court permitted this, the judgment of the court below cannot avoid reversal.
However, although the judgment of the court below has the above reasons for ex officio destruction, the prosecutor's assertion of mistake is subject to the judgment of this court within the scope of the modified facts charged.
3. Judgment on the assertion of mistake of facts
A. The summary of the revised facts charged is a person who served as an employee at the Frank operated by the victim E in Busan Seo-gu.
At around 10:30 on May 8, 2012, the Defendant embezzled KRW 100,000 in cash at a small credit cooperative, which was kept in a small credit cooperative for the sake of the victim’s business.
B. According to the evidence duly admitted and adopted by the court below, the following facts are the equipment that keep the money in custody of the convenience store of this case with two sporess (referring to a small credit safe from the facts of prosecution) and one spores, the value of the goods purchased by the customers is calculated, and the money received from the customers and the money to be provided to the customers, etc. are operated by the employees.