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(영문) 대구지방법원 2014.12.12 2014가단105261
압수물인도
Text

1. The defendant shall deliver to the plaintiff the goods listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On April 14, 2011, the Plaintiff was indicted on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) (Seoul District Court Decision 2011Gohap143), and was sentenced to confiscation on July 20, 201 with respect to 4 years of imprisonment and 34 through 41 of the seized evidence.

The summary of the facts constituting the crime of this case is that the Plaintiff habitually intruded into the office of certified judicial scrivener E in Changwon-si on December 2010, resulting in theft by taking the victim F's Jeju Bank passbook and the Nonghyup Bank passbook, and 54 times in total, and (2) attempted to steal the goods by intrusion into the G Licensed Office in Gwangju on September 4, 2010, but attempted to steal the goods, but attempted to steals money and valuables on 16 occasions in total by the same method as attempted, including attempted money and valuables.

The Plaintiff appealed as Daegu High Court No. 2011No358, and on December 22, 2011, the appellate court sentenced the Plaintiff to the forfeiture of 3 years and 10 months of imprisonment and 34/41 of the seized evidence.

The Plaintiff appealed as Supreme Court Decision 2012Do276, but dismissed the appeal.

(hereinafter referred to as "relevant criminal procedure") from the first instance to the final appeal. (B)

On May 29, 2012, the Plaintiff filed a suit against the Defendant for the claim for the delivery of seized articles (hereinafter referred to as “pre-appeal”) with the Daegu District Court 2012Kadan208333, and the content thereof did not have been sentenced to forfeiture of No. 1 or No. 33, which was seized in the relevant criminal procedure, and thus, the return was changed.

The defendant designated B (public prosecutor), C, and D as a litigation performer.

C. On September 3, 2012, the prosecutor B and the Plaintiff agreed to withdraw the entire suit to the Plaintiff, where the Defendant returned subparagraphs 1 through 33 of the seized articles.

Pursuant to the third written reply, D drafted to the Plaintiff a written confirmation that “I would return No. 473 of Daegu District Prosecutor No. 2011 to the presenter No. 4733” (A).

On September 5, 2012, the Plaintiff withdrawn the previous suit, and the attached list to the Defendant.

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