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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. On March 12, 2018, the Defendant discovered a bank that contains KRW 480,000 in cash and one head of Samsung Card, etc. posted by the victim D (V, 58,000 in cash) from the side of a bank ATM instrument of the first floor of the building in Gangnam-gu Seoul Special Metropolitan City, Gangnam-gu, Seoul Special Metropolitan City ATM on March 12, 2018, and collected KRW 470,00 in cash within that scope.
L. A. L. theft was committed.
2. Comprehensively taking account of the field CCTV images at the time of the statement by the Defendant and E, the following facts are revealed: (a) the Defendant discovered a bank immediately after leaving the bank on the side of the ATM device and opened the bank (hereinafter “ATM device”); and (b) the Defendant opened the instant bank before leaving the bank to F, who is a security guard, as lost material; (c) the Defendant was in receipt of the instant bank from the Defendant, and the Defendant confirmed the instant bank; (d) the Defendant was in receipt of the instant bank from the Defendant; and (e) the Defendant confirmed the instant bank; and (e) third parties other than the Defendant did not incur losses or open the instant bank within the scope of KRW 10,00,00 and KRW 1 Samsung Card; and (e) the Defendant was in receipt of the instant bank from the Defendant; and (e) the Defendant was in receipt of the instant bank; and (e) until the Defendant left the bank to the F thereafter, the Defendant did not appear within the scope of KRW 780,00,000.
There is also doubt that there is nothing but not between them.
However, the following circumstances revealed through the records of this case, i.e., ① the Defendant discovered the instant bank from the side of the ATM device, but appears not to have taken off the goods contained in the instant bank at the place where the ATM device is installed. According to CCTV images and the Defendant’s statement, the Defendant opened the instant bank to G from the street of the building before the building cycle to the G, but CCTV images alone show the fact.