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(영문) 대구지방법원 경주지원 2016.08.10 2015고정272

공무상표시무효등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as a golf practice hall constructor, did not receive part of the construction cost of the “D golf practice hall” from the operator C, was auctioned for the said golf practice hall, and the Defendant was willing to collect the outstanding amount by disposing of the following screen golf machinery, etc. to the third party.

The Defendant, around August 29, 2014, sold golf appliances and facilities, such as two screened golf machinery, 15 golf practice machines, and 2 golf sport machines, located in the office of "D golf practice course" located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and 10 million won in total, to the victim F, while selling them.

The term "" refers to the following.

However, the above goods had already been subject to seizure and application for auction by G, and even if the defendant has filed a lawsuit of demurrer against the third party and received the payment from the injured party, he did not have the intent or ability to keep the above goods out of the victim.

The Defendant, as such, by deceiving the victim, received KRW 1 million from the victim under the same day as the down payment, and received KRW 4.5 million out of the balance on October 6 of the same year.

Summary of Evidence

1. Each legal statement of witness F and G;

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

1. A copy of the lease contract for golf products, a report on impossibility of auctioning corporeal movables, an appraisal report, and on-site photographs;

1. Application of Acts and subordinate statutes to investigation report [Attachment of court auction information (public notice of auction of movable property)] and investigation report (voluntary submission of data stored by F, the complainant, after receiving the list of auction from C as a mobile phone)

1. Article 347(1) of the Criminal Act applicable to criminal facts and Article 347(1) of the Criminal Act’s choice of punishment (not to impose punishment, and the nature of the criminal defendant’s crime, but to be somewhat acquitted as seen below, as to the invalidity of indication in the line of duty, and as to the legal relationship of the article at issue as well as the victim, part of the victim’s liability for damages, such as concluding the above agreement with the defendant, without examining in detail the legal relationship with the article at issue.