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(영문) 서울중앙지방법원 2014.12.18 2014노3164
횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is the elderly of 78 years of age who is unable to conduct a financial transaction independently before several years, request the nursing room to do so, and it was annually difficult to confirm the details of transactions in small letters in the passbook. The complainants and J, in the process of prosecutor's investigation and examination of witness, had confirmed the balance on December 10, 2012, and had been first patrolmen on December 2012. On the same day, the complainants received a return of KRW 2 million from the employees of community credit cooperatives to the Defendant on the same day on the day when they became aware of the absence of balance, and the complainants received KRW 2 million from the Defendant only before and after the withdrawal from the Defendant on December 12, 2012, the complainants stated that only the remainder of the passbooks had been released at the time of subsequent withdrawal from the Defendant's post without permission, and that the remaining details of the passbooks had been confirmed by clearly stating the fact at the time of subsequent withdrawal without permission.

In addition, the facts of damage are specified in the contents that the complainant did not request or requested by him/her, and the defendant did not have any persuasive change in relation to the process of withdrawal of the above amount. In full view of the following: (a) if the complainant’s account and the account used by the defendant with the pertinent period of transaction; (b) the financial status of the defendant’s account; and (c) if the borrowed money was paid with the above money on December 26, 2012, the defendant did not have any motive to file a complaint against the defendant on February 2013.

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