The defendant shall be innocent.

1. Around 18:00 on November 24, 201, the Defendant paid C KRW 600,000 at the rest area of the second-class park plaza located in the second-class city, Seogu, Daegu-gu, Daegu-gu, and received each passbook, cash card, and password from C, and then acquired the said cash card, which is the means of access, from C.

2. Article 312(3) of the Criminal Procedure Act provides not only cases where the interrogation protocol of the accused prepared by investigation agency other than the public prosecutor is admissible as evidence of guilt, but also cases where the interrogation protocol of the accused or the suspect interrogation protocol or the suspect interrogation protocol of the co-suspect prepared by investigation agency other than the public prosecutor is adopted as evidence of guilt against the accused. The interrogation protocol of the suspect prepared by investigation agency other than the public prosecutor for the accused or the suspect who has co-offender relation with the accused is admitted as evidence of guilt by the suspect's legal statement, if the accused denies the contents of the protocol on the trial date. As a result, Article 314 of the Criminal Procedure Act, which exceptionally recognizes admissibility, does not apply to the interrogation protocol of the suspect, when it is impossible to make a statement in the court due to reasons such as death, etc. (see, e.g., Supreme Court Decisions 2008Do5189, Sep. 25, 2008; 2009Do6602, Nov. 26, 2009).

(see, e.g., Supreme Court Decision 96Do67, Jul. 12, 1996). In light of the above legal principles, each police interrogation protocol regarding C against the accused and accomplices prepared by investigative agencies other than prosecutor, or co-suspects.