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(영문) 서울중앙지방법원 2017.01.11 2016고단5734

공무상표시무효

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On August 16, 2016, the Defendant was sentenced to a suspended sentence of one year and six months for the crime of breach of trust to the Seoul Central District Court, and the said judgment was finalized on November 26, 2016.

[2] The Defendant is the representative of the Company B, and the Company B owns spi (gt-6102) and X-ray (x size-7090b) equivalent to KRW 25 million at the market price at the office located in the Nam-gu Incheon Metropolitan City, Nam-gu.

On November 6, 2014, the enforcement officer D belonging to the Incheon District Court was the creditor corporation Vienna's executive officer, and attached the above goods at the above office on November 6, 2014 by the original copy of the decision of seizure of movable properties of 10343 of the above court.

However, around January 21, 2015, the Defendant concealed the seized goods by transferring their names to another creditor.

As a result, the defendant has harmed the effectiveness of the attachment indication that public officials performed in relation to their duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. A certified copy of seizure records of tangible movables, or a certified copy of inspection records of seized movables;

1. Previous convictions in judgment: The application of the defendant's written inquiry (A), written inquiry, such as his/her legal statement and criminal history, and the text of the High Court Decision 6816, 2016No 3069, supra;

1. Article 140 of the Criminal Act applicable to the crime, Article 140 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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