(영문) 인천지방법원 2016.07.21 2015고정3062

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(영문) 인천지방법원 2016.07.21 2015고정3062

점유이탈물횡령

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The defendant shall be innocent.

Reasons

1. Around July 26, 2015, the Defendant, at around 20:15, acquired a 450,000 won of cash 4.50,000 won in the victim E (47 years old), resident registration certificate, driver's license, credit card of the national bank, etc. in front of the D Mart located in Nam-gu Incheon Metropolitan City, and embezzled only cash on the part of the victim, without returning it to the victim.

2. The judgment of the Defendant was based on the date and time stated in the above facts charged, and the fact that the Defendant was carrying the victim's wallet at a place, but was returned to the victim's wallet by inserting the wallet in the mail box on the following day, and there was no cash in the wallet when it was difficult to take the wallet.

The Prosecutor asserts that the part found on a wall, other than cash, is not included in the facts charged in this case). The Prosecutor submitted as evidence related to this, the victim’s statement at the investigative agency and court, and the statement of transaction details, but the transaction statement submitted was withdrawn from the Suhyup on July 15, 2015, which was ten days before the date of the occurrence of this case by the victim. The victim, who first prepared a statement at the investigative agency as to the amount of cash located on a wall, made a statement at the time of the preparation of the statement, 60,000 won, 450,000 won when the statement was made, 50,000 won when the statement was made at the court, and 50,000 won when the statement of the victim was made at the time of changing the amount into the amount. Ultimately, the victim’s statement withdrawn 10,000 won prior to the date of the occurrence of this case, and received 20,000 won in cash from the friendship (the specific use of money is not made).

However, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the Defendant had a cash of 4.5 million won within the victim’s wall that the Defendant acquired, and there is no other evidence to prove otherwise.

Thus, the facts charged of this case against the defendant.

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