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...

1. Basic facts

A. On July 1, 2014, around 17:30 on July 1, 2014, the Plaintiff was arrested on charges of fraud using computers, etc., and of violating the Electronic Financial Transactions Act. The instant seized items in the attached list held at that time were seized.

B. According to the circumstances of seizure in the above seizure protocol, the instant seizure is indicated to the effect that the Plaintiff was seized as evidence of crime, which was the amount acquired by the Plaintiff due to fraud by using computers, etc.

C. On July 20, 2016, the Plaintiff was sentenced to a fine of KRW 5,00,000 by the Gwangju District Court 2015Kadan3694 on July 20, 2016, and the Prosecutor’s appeal was dismissed on July 19, 2017, and the said judgment became final and conclusive around that time.

On the other hand, B, which appears to be an accomplice at the time of emergency arrest, still remains under the suspension of prosecution due to unexplosion, and the conviction against the plaintiff, was not sentenced to forfeiture of the seized articles of this case, but the plaintiff applied for the return of seized articles to the Gwangju District Prosecutors' Office, but rejected.

[Ground of recognition] Facts without dispute, Gap 1-4, the purport of the whole pleadings

2. Determination

A. According to the above facts finding that the seized article in this case has become final and conclusive in a criminal trial without a declaration of confiscation, and thus, it is deemed that seizure has been cancelled pursuant to Article 332 of the Criminal Procedure Act. The State is naturally obligated to return it to the person who submitted the seized article, owner, or other right holder. If the State refuses to return it, the person against whom the seized article may claim the return thereof

(See Supreme Court Decision 97Da58507 delivered on January 21, 2000, etc.). Therefore, the Defendant is obligated to deliver the instant confiscated articles to the Plaintiff, barring any special circumstance.

Seized articles in relation to the relevant case shall be returned to the person to whom such articles are seized or to the person to whom such articles are produced, except where the principle is to return them to the victim and there is a clear reason to return them.