The defendant's appeal is dismissed.

1. Progress of the instant lawsuit

A. The prosecutor prosecuted the Defendant on charges of invalidation of indication in the line of duty, and the lower court convicted the Defendant of the charges and sentenced a fine of KRW 2 million.

The Defendant appealed against the lower judgment on the grounds of mistake of facts and misunderstanding of legal doctrine.

B. Prior to remand, the court below notified the Defendant of the provisional seizure of some of the articles in the instant business establishment E (hereinafter “instant business establishment”) as stated in the judgment of the court below to the transferee of the instant business establishment, and the Defendant and the transferee planned to keep the articles in the instant business establishment, etc.

The judgment of the court below is reversed and the defendant was acquitted.

A prosecutor filed an appeal against the judgment of the court prior to remand on the ground of misunderstanding of legal principles.

(c)

The court of final appeal has the effect of prohibiting the act of disposal of seized articles in case where the execution officer has made the debtor keep the seized movables in custody. Therefore, in case where the debtor transfers the seized movables to a third party and transfers their possession, it constitutes an act of de facto reducing or destroying the effectiveness of the indication of provisional seizure itself as an act of disposal prohibiting the execution of provisional seizure, unless there are special circumstances, and the debtor and transferee have left the seized movables at the original place.

Even if it is the same, the judgment of the court prior to the remand was reversed.

2. Summary of grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. The Defendant concluded a transfer agreement with H and K on the instant business establishment, and clearly notified that part of the goods stored in the instant business establishment was provisionally seized.

(b) Prohibition of Disposition, which is the effect of provisional seizure, is only a relative effect, and therefore, provisional seizure shall be effected only by disposing of the seized movables and by transferring their possession.