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The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. During the period from April 9, 2018 to May 16, 2018, the Plaintiff collected agricultural products listed in the separate sheet (hereinafter “instant agricultural products”) that were imported without filing an import declaration from the influence on board the international passenger ship No. 2 on board the international passenger ship No. 1 in Pyeongtaek-si International Passenger Terminal Parking Lot located in Pyeongtaek-gu, Pyeongtaek-si, Pyeongtaek-si, and stored them in a warehouse owned by the Plaintiff in Pyeongtaek-si C for sale.
B. On May 16, 2018, the senior judicial police officer of the Pyeongtaek Maritime Police Station confiscated the instant agricultural products upon obtaining the Plaintiff’s written waiver of ownership and written consent for the destruction of seized articles. On May 23, 2018, under the direction of the prosecutor in charge of the head office of the Suwon District Prosecutors’ Office’ Office, the Defendant discarded all the instant agricultural products through a waste company on June 5, 2018.
C. On January 31, 2019, the Plaintiff is above-mentioned.
On April 5, 2019, the above judgment was finalized on April 13, 2019 as it became final and conclusive on April 13, 2019.
The provisions of the Criminal Procedure Act concerning the instant case are as follows:
Article 130 (Keeping and Discarding Seized Articles) (1) With respect to seized articles which are difficult to transport or take custody, a custodian or the owner thereof or a suitable person may have them kept with the consent of the person concerned.
(2) Article seized may be destroyed or discarded if there is apprehension that they may cause danger.
(3) Seized articles that are legally prohibited from being produced, manufactured, possessed, owned or distributed, and are likely to be decomposed or difficult to view, may be scrapped with the consent of the owner or other competent person.
Article 132 (Keeping Proceeds from Seized Articles) (1) Seized articles to be confiscated may be sold and the proceeds therefrom may be kept.
(2)