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(영문) 부산지방법원 2018.07.18 2018고단619
특수절도
Text

Defendants are innocent.

Reasons

1. On December 16, 2017, at around 13:03, the Defendants jointly committed a theft with the victim F's cash of KRW 130,000,000 in the market price of 670,000,000,000,000 in Busan-gu, Busan-gu, Busan-do, and the market price of the parking lot was 1,30,000 won in cash, one resident registration certificate, one copy of the driver's license, one copy of the national card, one copy of the driver's license, one copy of the card, one non-CC card, one Samsung Card, one copy of the Samsung Card, one copy of the citizen's body card, one copy of the company bank, one corporate bank's security card, one copy of the national bank security card, and one copy of the national bank security card.

2. In the case of the instant parking lot, the parking management office is not installed, and in consideration of the fact that there are several access roads adjacent to the general road, the victim deprived of the victim, was under the possession of the parking lot manager.

It is difficult to see it.

Therefore, the defendants brought about this part of this case.

No special larceny can be said to be established.

Defendants’ act is likely to constitute embezzlement of possession separated objects.

Even if Defendant A was in custody of the wall in his own vehicle and was not in cash (the victim had the check)

Although the Defendants stated that they used only the check in cash; however, they used the check in full.

It is difficult to see that Defendant A was forgotten when Defendant A intended to put the wall in a postal box.

In full view of the arguments, the evidence submitted by the prosecutor alone that the Defendants had the intent to obtain unlawful acquisition.

It is also difficult to see it.

3. According to the conclusion, since the facts charged in this case constitutes a case where there is no proof of crime, a judgment of innocence is rendered by the latter part of Article 325 of the Criminal Procedure Act, and the Defendants did not consent pursuant to the proviso of Article 58(2) of the Criminal Act, and the summary of the judgment of innocence is not publicly announced

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