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Main Issues
The case holding that the defendant was not guilty due to the retrial due to the fact that he was not guilty after the conviction.
Summary of Judgment
The case holding that the defendant was not guilty due to the retrial due to the fact that he was not guilty after the conviction.
[Reference Provisions]
Articles 420 and 438 of the Criminal Procedure Act
Escopics
Defendant
Judgment Subject to Judgment
Seoul Criminal District Court (Supreme Court Decision 82Gohap816, 82 high-ranking7153)
Text
Of the facts charged in the instant case, the charge of embezzlement (the crime of 1 of the judgment on review) is not guilty.
Reasons
Of the facts charged in this case, the embezzlement is as follows: “The Defendant: (a) leased the amount equivalent to KRW 70,000,000 from the Defendant’s in custody of the Defendant’s YYYYYYY, around 13:00 on June 18, 1980, from the Defendant’s YYYYYYY, and then embezzled by selling it at will to the unrelated party in his name during the custody of the Defendant’s YYYYYYYYYYYYYYYYYYYYY
According to the evidence, such as the statement at the court of the defendant, it is acknowledged that the defendant sold the above photographer as in the above facts charged, but the defendant was not kept in custody as in the above facts charged, but the above photographer was delivered to the victim's non-indicted 1 without the victim's intent to return on June 10, 1980, and due to the above facts, the court of Gwangju District Court (case No. 1) has already been convicted on March 4, 1981 and became final and conclusive around that time. Thus, according to the following records, the defendant's assertion can be acknowledged. On the other hand, it is hard to believe that the police's statement to the effect that the defendant was kept in custody as in the facts charged, and there is no evidence to acknowledge that the defendant was held in custody, and therefore, the above facts charged are no evidence to prove the crime, and the act that the defendant acquired the above crime by the latter part of the Criminal Procedure Act after the death of the defendant constitutes a crime of fraud, which constitutes a crime of fraud.
Judges Lee Dong-dae (Presiding Judge)