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(영문) 수원지방법원 2015.10.16 2014노7654
횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal reversed the Defendant’s statement on the source of the purchase price of a motor vehicle, and it is difficult to obtain the Defendant’s defense, the victim E, H and I’s credibility in each statement, and the Defendant and the victim, even if settling accounts between the Defendant and the victim, it constitutes embezzlement. In light of the facts charged in the instant case, the lower court convicted the Defendant of the facts charged, but acquitted the Defendant by misunderstanding the fact, which affected the conclusion of the judgment.

2. The lower court, on the grounds indicated in its reasoning, acquitted the Defendant of the instant facts charged on the ground that it is difficult to deem that the evidence submitted by the prosecutor alone, considering that the credibility of the statement by the victim, H, and I concerning the instant facts charged was nonexistent, and that it is difficult to view that the evidence submitted by the prosecutor alone was proven without reasonable doubt as to whether the Defendant was in a custodian’

In light of the records, a thorough examination of the evidence of this case reveals that the court below's judgment that found the defendant not guilty of the facts charged of this case based on the above evidence judgment is just, and that the statement of the witness AB of the court of the trial additionally investigated in the court of the trial was the past relationship between AB and the victim, while AB was a person who had worked in the real estate located in the part of the victim's operation with the defendant at the time, but the victim was not well aware of the reason that the business-use motor vehicle was registered as joint ownership by the defendant and her husband, or the amount of piece rate and settlement agreement that the defendant should receive from the victim, and thus, it does not affect the above judgment because there is no credibility or lack of probative value. Thus, there is no error

3. Conclusion, prosecutor.

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