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(영문) 광주지방법원 목포지원 2017.04.20 2016고단700

공무상표시무효

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated Q Q Co., Ltd. (hereinafter referred to as “ Q”) in Sinpo City P, a vessel building and repair company.

1. The Defendant, on June 5, 2014, committed the crime related to the seizure of corporeal movables in Gwangju District Court Decision 2014No. 1414, entered into a shipbuilding contract (5.3 billion won down payment) with Z and Carpet vessel (500 tons) around June 5, 2014, and constructed the said vessel in Q Q from around that time.

On January 6, 2015, the enforcement officer AA attached to the Gwangju District Court Gwangju District Court, which seized the above vessel by the original copy of the decision of seizure of corporeal movables (No. 1414), and installed a sign indicating the purpose of seizure in front of the above vessel.

Nevertheless, on March 2015, the defendant transferred the above ship to Z, and the public official affected the effectiveness of the attachment indication that he performed in relation to his duties.

2. On March 14, 2015, the Defendant entered into a building agreement (a down payment of KRW 82,500,000) with AB and leisure vessel (28PT) around March 14, 2015 and constructed the vessel in Q from around that time.

From now on August 20, 2015, AA had a sign indicating the purpose of seizure on the front of the vessel by means of the original copy of the decision of seizure of movable properties in the above court No. 2015 Do-2015 Do-2090.

Nevertheless, on October 2015, the Defendant handed over the above vessel to AB, and had the effect of the attachment indication that the public official performed in relation to his duties.

Summary of Evidence

1. Entry of the witness AC's statement and partial statement of witness AD in the third public trial protocol;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to AB, AC, and E;

1. Investigation reports (verification of place of seized objects), investigation reports (Attachment of a whole certificate of registered matters), accusation reports, seizure records of movable properties, inspection records of seized objects, investigation reports (Attachment of a document related to a defendant's lawsuit) and investigation reports (verification of whether the owner or owner of each ship ships ships ships ships take out of the port);