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(영문) 광주지방법원 2015.01.29 2014노1330
무고등
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal is that the Defendant withdrawn money with the permission of E, and thus, the Defendant did not commit a theft, and therefore, the Defendant did not report false facts as to the accusation of the Defendant against larceny.

2. Determination

A. The summary of the facts charged is that the Defendant was engaged in a female employee from the main point of "F in the operation of the E located in Jeonnam-gun, Namnam-gun."

At around 18:00 on June 9, 2012, the Defendant went to work as the above main office, and then went to the head of the Tong in the name of the husband G in the name of E, who was located in the new wall retirement near the next day, and then withdrawn KRW 1,00,000 in cash through the cash withdrawal system managed by the said NA branch, the victim, using the above head of the Tong at around 12:29 on June 10, 2012.

The facts are as follows: (a) the Defendant: (b) committed theft of KRW 1 million in cash through the cash withdrawal machine located at the NAF branch of the NAF branch using the above passbook; (c) however, for the purpose of criminal punishment of E, the Defendant: (a) upon receiving the request from the complainant A to lend KRW 1 million to the complainant, the Defendant Nonparty E voluntarily delivers the NAF’s name to the complainant and shipping KRW 1 million in cash from the NAF branch; (d) but (c) the complainant, with the above G’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name’s name in the NAF branch, submitted to the public official in charge of larceny on August 13, 2012, and (c) submitted to the public official in charge of the NA police station’s name’s name.

B. Judgment of the court below.

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