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(영문) 대구지방법원 2020.12.17 2020고단963
편의시설부정이용
Text

The defendant shall be innocent.

Reasons

1. On April 13, 2018, the Defendant: (a) driven a BMW 520D car (hereinafter “instant car”); (b) obtained a toll of KRW 3,000 by driving the BM 520D car (hereinafter “instant car”); and (c) from that time, until April 27, 2018, the Defendant acquired a total of KRW 113,900 by using convenience facilities on a total of 24 occasions, as indicated in the attached list of crimes, by using convenience facilities.

2. In light of the following circumstances acknowledged by the record of the instant case, namely, the Defendant purchased the instant car at a mid-to-date on August 8, 2017 and delivered the said car to an employee of the automobile dealer to dispose of the said car at the same time with C, which is located on April 2018, the Defendant appears to have received the said car after a month since the said car was delivered to an employee of the automobile dealer, but failed to dispose of the said car, and the Defendant is engaged in the freight transport business around the instant time, and the Defendant was operating a D freight vehicle, the sole evidence submitted by the Prosecutor alone is difficult to conclude that the Defendant driven the instant car from April 13, 2018 to April 27, 201, and there is no other evidence to recognize otherwise.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of criminal facts, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, but the summary of the judgment is not publicly announced pursuant to the proviso of

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