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The defendant shall be innocent.
Reasons
1. The Defendant was in custody of eight goods worth KRW 2,210,00,00, such as Samsung C, at the house of the Defendant of Ansan-gu and C in the facts charged. However, the execution officer affiliated with the Suwon-gu District Court, upon delegation of the creditor E with the execution by the execution officer of the order to seize the above goods on December 2, 201, based on the original copy of the decision to seize the movable property, which was attached on December 2, 201, and attached a seizure mark on the said goods, thereby impairing its utility by concealing the said goods at a time and at a place where it is impossible to know even if the said goods were attached.
2. Determination
A. Seized articles appear to have been disposed of or discarded in the process of directors.
However, it was found that the defendant did not indicate seizure at the time of moving the object.
In this case, the defendant alleged that he disposed of the property by recognizing the attachment indication.
lack of evidence to determine the person.
In particular, unless the defendant resides in his residence other than the defendant, F, G, etc., and it is clearly revealed at any time, the possibility that the attachment indication was removed may not be ruled out (a) unless the defendant knew of his/her residence and his/her father, who is his/her father, was removed for reasons not known. If the attachment indication was removed due to the defendant’s unknown whereabouts, the defendant, other than the debtor, may not have any particular interest in the location of the attachment indication.
(b) A person who was the largest motive to damage the indication of seizure;
H was from time to time before January 29, 2012, when the investigative agency completed the house, and even before January 29, 2012, it was found that there was no indication of seizure.
was stated.
In light of the fact that the auction procedure was conducted by March 15, 2012 without a problem, the credibility of this statement is doubtful. On the other hand, on the one hand, whether the attachment indication was properly attached until H completely reaches its house.