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(영문) 수원지방법원 안산지원 2016.02.17 2015고정1314

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

Criminal facts

On September 13, 2012, the Defendant was sentenced to a suspended sentence of two years for eight months of imprisonment due to a violation of the Punishment of Violences, etc. Act (damage, etc. to joint property), and the above judgment became final and conclusive on February 14, 2013.

The Defendant occupied the total product display stand in C and 101 at a store located in Silung-si, C and 101 (4: 9: 3: 4: 3: 4: 8: 1: 4: 1: 4: 3: 2: 4: 2).

On November 23, 2009, 2009, the execution officer D attached a total of 6 boxes of the above product display at the above store, and attached a provisional attachment mark to the total of 6 columns of the above product display unit on the basis of the original of the decision of provisional seizure of tangible movables at the above court 2009k, 8805, with the delegation of execution by creditor E.

However, around June 24, 2010, the Defendant removed, without permission, a provisional attachment mark attached to the above product display stand 6 column at the above store around the immediately preceding day, and caused F’s utility by disposing of the total of 6 heat of the above product display stand.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness G’s legal statement (the defendant and his defense counsel did not remove the provisional seizure mark).

G with a final and conclusive judgment after obtaining the provisional attachment order in the ruling, which is found by the following evidence, has shown to the effect that the Defendant removed the indication of provisional attachment and sold the product display stand in the ruling to F, consistent with this Court from the investigative agency to the enforcement agency entrusted with the enforcement of this seizure:

In full view of the following facts: (a) at the time of executing provisional seizure, G, etc., the Defendant: (b) at the time of executing provisional seizure, the Defendant: (c) at the time of the purchase, the Defendant was practically occupying the said store through the guard; and (c) at the time of the purchase, the F, which purchased the goods display stand, appears to have been aware that there was no provisional seizure mark on the goods display stand as