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(영문) 의정부지방법원 고양지원 2013.10.11 2013고단854

공무상표시무효

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 1:00 on December 9, 2012, the Defendant attached 450 boxes of 22,50,000, the total market price of the Defendant’s ownership (5 boxes of 1,000) on the executory protocol of the case, such as prohibition of patent use under the delegation of creditor F on December 6, 2010, the Defendant kept the seized object under the custody of the Defendant with the consent of the creditor, and then arbitrarily disposed of it to the “H” office located in Daegu Northern-gu, Seoul, and transferred the seized object to the “H” office, thereby impairing the effectiveness of the attachment indication performed by the public official in relation to his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A president of the F;

1. A copy of a report on inspection of seized objects;

1. A copy of report on attachment of corporeal movables;

1. Application of Acts and subordinate statutes to investigation reports (the date and place of concealment of seized articles);

1. Article 140 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;