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(영문) 대구지방법원 2016.11.18 2016고단475
절도
Text

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

Reasons

1. The Defendant of the facts charged in the instant case heard that D, having a debt worth of KRW 150 million to his mother C, sells a restaurant operated by himself and receives down payment, and attended the place to collect the claim of the mother’s mother.

At around 16:00 on September 24, 2013, the Defendant: (a) placed in the “F cafeteria” located in Daegu-gu, Daegu-gu, in order for the victim G to pay the down payment to D restaurant receipt, the Defendant placed the instant check in a restaurant table and carried it as it is.

Accordingly, the defendant stolen the victim's property.

2. The gist of the Defendant’s assertion is that the victim G issued the instant cashier’s check to D to pay the purchase price of the restaurant, so the owner of the cashier’s check is D, and the Defendant did not steal the victim G’s cashier’s check.

4. The following circumstances revealed by the records of this case: ① around 16:00 on September 24, 2013, G issued the instant cashier’s check to D under the name of a restaurant acceptance fee; ② D issued the instant cashier’s check to D under the name of a creditor, and H demanded D to endorsement of the cashier’s check, and at the same time, H carried the said cashier’s check on the restaurant table, which was located on the table. At that time, the Defendant appears to have been holding the instant cashier’s check, and as indicated in the facts charged of this case, it does not appear that “G would have the Defendant holding the instant cashier’s check on the restaurant to pay the restaurant acceptance fee to D; ② issuing the cashier’s check to D as above is for performing the obligation to pay the purchase price of G under the restaurant receipt contract concluded between G and D; ② issuing the cashier’s check to H as described in the instant facts charged.

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