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(영문) 인천지방법원 2013.10.29 2013고단5843

공무상표시무효

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of C&A.

On May 4, 2013, the Defendant arbitrarily disposed of the amount equivalent to KRW 64,800,000 in the market price of the attached attachment list, which was attached as of December 10, 2010 and attached by the creditor F with the delegation of the creditor F based on the original copy of the order for payment order No. 2010Ra81, Cheongju District Court E, which was affiliated with the Incheon Southern-gu Incheon District Court D, with the execution officer of the Incheon District Court, as the creditor F, in accordance with the delegation of the creditor F based on the original copy of the order for payment.

Accordingly, the defendant damaged or concealed the public official's seal or attachment or other compulsory disposition in relation to his duties, or harmed its utility by other means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Report on attachment of corporeal movables;

1. Application of Acts and subordinate statutes to report on investigation (verification of sources of execution authority);

1. Relevant Article of the Criminal Act concerning the facts constituting an offense and Article 140 (1) of the Criminal Act selecting a penalty;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (see, e.g., that the defendant is led to the crime and the mistake is divided, that the articles seized in the judgment appears to have been used as a means of paying obligations, such as wages of employees, etc.; that there is no criminal conviction exceeding the fine against the defendant; and that there are extenuating