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(영문) 청주지방법원 2019.10.10 2019고정523
점유이탈물횡령
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around 22:30 on June 3, 2019, the Defendant, as a taxi engineer, acquired a white LG gram Nowon-gu apartment in front of the Cheongju-si apartment site B, Cheongju-si, with the market price of KRW 1,500,00,000 (hereinafter “the market price”). However, without following necessary procedures such as returning this to the victim, the Defendant embezzled a bank in front of the gram North Korea, which was left by the victim C while keeping the taxi in front of the Cheongju-gu apartment site.

2. 판단 피고인은 피해자가 뒷좌석에 놓고 내린 노트북 컴퓨터를 다른 손님이 발견하고 말해주어 트렁크에 넣어두었는데 택시 영업을 하면서 깜빡 잊고 찾아주기 위한 절차를 밟지 못한 것일 뿐 가질 생각으로 보관한 것이 아니라고 다툰다.

According to the records, the police presumed to be a taxi in which the victim was admitted to the "D" through CCTV images in the location where the victim was set off, contact the head of the D with the head of the D, and the head of the D Center sent text messages related to the loss of the Nowon-gu to his/her taxi articles on June 10, 2019. The defendant received such text messages, and the defendant knew that he/she was keeping the Nowon-gu to the head of the D Center, and the fact that he/she was present at the police on June 14, 2019 and submitted the Nowon-gu that he/she acquired.

In light of these circumstances, it is insufficient to deny the defendant's assertion and to acknowledge that the defendant had an intent to obtain unlawful acquisition, solely by the fact that the defendant was in custody of the Nowon-gu that he acquired, and there is no other evidence to acknowledge it.

3. In conclusion, since the facts charged in this case constitute a time when there is no proof of crime, the court rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act, and publicly announced the summary of this judgment pursuant to Article 58

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