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(영문) 부산지방법원 2019.05.17 2019고정415

공무상표시무효

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant was holding a recycling 20 macs 20 macs kept in (State)C operated by the Defendant located in Ulsan-gun B.

On July 27, 2018, the execution officer D belonging to the Ulsan District Court, upon delegation of the execution by creditors E, made clear that the above goods are seized in the manner of a public notice by the Defendant’s state (C) attachment and seizure on July 27, 2018, according to the Changwon District Court 2018Gada10822.

After that, the Defendant applied for the transfer of the said goods to G located in the F of Ulsan-gun, Ulsan-gun, and transferred the said goods to G on August 25, 2018.

However, on November 30, 2018, the Defendant arbitrarily transferred the said goods from G where the said goods were properly stored in G to I located in H at Yangsi.

In this respect, the defendant had the effect of the attachment indication that public officials performed in relation to their duties by other means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to attachment report on corporeal movables, each protocol of inspection of seized objects, each investigation report (to attach a photograph of 20 miless, to a photograph of a carrier on the date of crime, relative verification of the transport engineer, telephone conversations between the complainant and execution officer, and telephone conversations for G business

1. Relevant Article 140 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;