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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in this case is a person who worked as an accounting staff in the Bank of Korea Co., Ltd.
The defendant was bound by the victim D (55 years) other cases, which are the representative director of the Co., Ltd., and did not receive a monthly salary, in order to steal the company's articles.
On November 1, 2016, the Defendant: (a) opened the office of the Jung-gu Seoul Special Metropolitan City E-2 Complex Development Bank Co., Ltd. (hereinafter referred to as the “F office”); (b) opened the e-mail of the corrected entrance to the building owner; and (c) opened the e-mail of the 150,000 won (health food); and (d) moved the e-mail of the amount equivalent to the market price of 50,000 won (health food); (b) one large TV of the amount of 500,000 won at the market price; (c) one depository equivalent to 50,000,000 won at the market price; and (d) three and three chairs at the market price of 1,000,000 won; and (d) three and 1,500,000 won at the e-mail of the 1,500,000 won (hereinafter referred to as the “F office”); and (d) transferred 17,00,0,00,00,00 won at the market price.
2. Defendant’s assertion and legal doctrine
A. The gist of the defendant's assertion is that the defendant entered a building as stated in the facts charged and loaded some things, but only moves things according to the victim's instruction and did not intend to obtain them.
The defendant asserts that the detailed details and amount of the goods transferred are different from the facts charged.
B. B. In a criminal trial, the finding of guilt should be based on evidence with probative value, which makes it possible for a judge to have a reasonable doubt that the facts charged are true, to the extent that there is no reasonable doubt, and if there is no such proof, the conviction cannot be determined even if there is a suspicion of guilt against the defendant (see Supreme Court Decision 2006Do735, Apr. 27, 2006, etc.). 3.
A. According to the arguments and evidence records at the trial of facts, the following facts are revealed.