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(영문) 창원지방법원 진주지원 2020.01.16 2019고단926

공무상표시무효

Text

Defendant

A Imprisonment with prison labor for six months and for eight months, respectively.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the representative director of the above company, who runs a corporation D in Gyeong-gun, Gyeong-gun, Busan.

Around December 30, 2015, F Co., Ltd., a company collecting scrap metal substantially operated by E, purchased at KRW 170,000,000,000 from H, Co., Ltd., Ltd. (hereinafter “the main facilities”) from G, and installed this facilities in D Co., Ltd., a company run by the Defendant A, which was known to Pyeongtaek G, and moved this facilities into D Co., Ltd. on or around February 2016.

However, on November 30, 2018, the above G entered into a contract for the sale of this facility to I, and I again entered into a contract for the sale of this facility to J around December 4, 2018.

E listening to the phrase that G sold this facility to another person, as above, around December 11, 2018, at the Changwon District Court Jinju Branch Branch 2018Kadan11241, G applied for a provisional disposition prohibiting the transfer of possession of corporeal movables in relation to the instant facility to a creditor, a stock company D as the debtor, and the above support was accepted on December 19, 2018, and the above support was accepted on and around December 19, 2018, and the debtor (D) shall set the possession of the object in the separate sheet (48 parts of this facility) and deliver it to the execution officer entrusted by the creditor (F). The execution officer must permit the debtor to use the said object on the condition that it does not change the present situation. The execution officer shall not transfer the possession to another person or change the title of possession. The execution officer shall give public notice in a proper way to the purport of the above order.”

In addition, according to the above provisional disposition decision, K notifies Defendant A of the purpose of the provisional disposition decision at around 14:40 on December 24, 2018, and the possession of the facility from Defendant A.