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(영문) 서울남부지방법원 2019.07.24 2019고단1999
점유이탈물횡령
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Around October 4, 2018, the Defendant: (a) around 07:21 on October 4, 2018, at the opening site of the opening site in Guro-gu Seoul Metropolitan Government, the Defendant acquired one a monb-culon which was equivalent to KRW 400,000 in the market value that was lost by the victim B before the opening site of the opening site in Guro-gu.

The Defendant did not follow necessary procedures, such as returning the knives that he acquired as above to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. The Defendant was identified as the first suspect, and consistently denied the facts charged by the investigative agency since he was investigated on October 19, 2018.

Therefore, there are a written statement prepared by B, around October 4, 2018, that was the direct evidence to support the facts charged of this case, 07:09, 07:09, and CCTV video recording is located in the old calendar.

However, in light of the above CCTV video image, it cannot be confirmed whether B seeed in front of the opening space and took the transportation card (in the case of image, 07:04) at the same time, but at the same time, it cannot be confirmed as to whether or not the CCTV video was damaged. Moreover, even if other CCTV video images were viewed as well as other CCTV video images, it cannot be found that only one-year pen away from the floor.

(만년필 정도면 작지 아니한 물건이므로 충분히 눈에 띌 만한데 보이지 않고, 또 당시는 출근시간대로서 사람들이 매우 많이 지나다님에도 바닥 쪽을 흘긋 보거나 피하거나 하는 모습을 발견할 수 없다). 또한 위 영상에 의하면 그로부터 10여분 이상 경과한 07:21경 피고인이 개찰구 앞을 걸어오며 가방을 뒤적이다가 바닥 쪽으로 잠시 숙여 무언가를 줍고 다시 진행하는 장면이 발견되기는 하나(영상에는 07:16으로 표시), 피고인은 당시 가방에서 교통카드를 꺼내다가 립밤같은 물건이 함께 떨어져 바로 이를 챙겼을...

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