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(영문) 서울북부지방법원 2018.09.21 2018고정385

공무상표시무효등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the representative director of D (hereinafter referred to as D).

On June 2, 2016, the victim E, as the creditor of the defendant, filed a lawsuit against D and the defendant against the Central District Court of Seoul, and received a decision that the defendant shall jointly pay 83 million won to the victim through civil conciliation procedures. On September 1, 2016, the enforcement officer of the Seoul Western District Court attached a seizure mark on the movables total of 10 points (2.4 million won) of the movable property, such as the Seoul Mapo-gu F and the defendant's office located on the fourth floor, and attached a seizure mark on the movables total of 10 points (2.4 million won) of the movable property transferred to the defendant on April 12, 2017. < Amended by Presidential Decree No. 27174, Sep. 1, 2016; Presidential Decree No. 25179, Apr. 1, 2017>

On May 2017, the Defendant: (a) moved 10 points of the corporeal movable property, on which attachment tag is attached, to an unexploitable place in order to escape compulsory execution under G 211 in the Sung-gu, Sung-gu, Sungsung-si, Sung-si, Masung-si; (b) concealed it to impair the utility of the indication of compulsory disposition; and

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol by the police for E;

1. Application of the Seoul Central District Court's decision, execution clause, protocol of impossibility of auction of tangible properties, protocol of inspection of seized properties, list of seizure, protocol of seizure of tangible properties, record of seizure of tangible properties, and photograph of enforcement details thereof under statutes;

1. Article 140 (1) of the Criminal Act (the point of invalidity of indication in the line of duty) and Article 327 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;