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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, when entering Hong Kong to Japan, takes advantage of the fact that the Japanese customs employees’ thorough inspection of the gold ingoting in order to prevent the gold ingoting, and when entering Korea from Hong Kong to Japan, the Plaintiff is a person who is smugglinged to Japan via South Korea through the gold ingoting in Hong Kong, and the Defendant is a person who transports the gold ingoting from Hong Kong to Japan via the Republic of Korea upon the direction of the Defendant, according to the direction of the Defendant.
B. On March 1, 2017, the Defendant received the order from the Plaintiff to deliver the “D” company located in Japan by receiving a gold tamp from the Plaintiff, and issued a gold tamp (weight: 1kg) 18 (hereinafter “instant gold tamp”) from the toilets of the Incheon International Airport Transfer Center from Hong Kong. However, the Defendant did not deliver it to the said company to Japan, but left the depository goods storage center located in the Incheon Airport Transfer Center, without delivering it to Japan, and sold it to Hong Kong on March 5, 2017, after finding the said gold tamp to the said company and departing from Hong Kong on March 9, 2017.
C. Since then, on August 11, 2017, the Defendant was prosecuted for the foregoing criminal facts, and embezzled the gold bullion in this case owned by Japan’s name in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was sentenced to three years (Seoul Northern District Court 2017Gohap140), and appealed against it, but the appeal was dismissed on December 5, 2017 (Seoul High Court 2017No2516). However, the Defendant was sentenced to the judgment dismissing the appeal on February 28, 2018 (Supreme Court 2017Do21256).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 8, Eul evidence Nos. 1, 4, 7, and 9, the purport of the whole pleadings
2. The assertion and judgment
A. The owner of the instant gold 1’s summary of the Plaintiff’s assertion is not the deceased of Japan’s name.