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(영문) 서울중앙지방법원 2014.06.26 2013노2506
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There was no mistake of fact that the Defendant embezzled the difference of parking fees as stated in the instant charges.

B. Although each of the evidence presented as evidence of guilt in the court below in violation of the rules of evidence has no probative value, the court below erred in finding the guilty of the facts charged in this case based on the violation of the rules of evidence.

2. The defendant and his defense counsel asserted that the court below's probative value of the evidence presented as evidence of guilt is one of the evidence presented by the court below, but all of them are not reliable. However, considering the following circumstances, the court below's duly adopted evidence and presented as evidence of guilt is judged to be reliable, and the above evidence is also adopted and examined in addition to the evidence additionally adopted and examined by the court below, the facts charged of this case is fully guilty.

Therefore, the defendant's assertion is not accepted. A.

With respect to the letter of confirmation by J (in the face of 15 pages of investigation record), it is difficult to view that there was any circumstance to suspect the credibility of the statement of the above letter of confirmation in light of the following: “The fact that the defendant was sent to J at that time and confirmed the suspect’s defense by phone, and the J did not have any fact that the above vehicle was on board a corporate vehicle, and because it was not a vehicle that can receive discount benefits with a corporate vehicle, and there was no fact that there was no benefit from discount at all times at the time of using the F Parking lot.” In addition, it is difficult to view that there was any circumstance to suspect the credibility of the statement of the above letter of confirmation.

B. The Defendant and the defense counsel express their respective probative value of each statement, such as J, AF, K, L, etc., which stated that they submitted a receipt of parking fees to the company for the disposal of them as expenses, and if the customer who paid the normal fees, he/she would have the discounted charge, not the normal charge.

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