beta
(영문) 청주지방법원 충주지원 2016.08.19 2016고단110

공무상표시무효등

Text

Defendant

B Imprisonment for one year, and each of the defendants A shall be punished by imprisonment for eight months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

[Based on the premise] Defendant A is a person running the FF (hereinafter “F”), Defendant B is a person running the limited partnership company (hereinafter “H”); I is a person operating the limited partnership company J (hereinafter “J”); and I entered into a contract on the sale of river by-products generated from the K project and the management of the storage thereof (including L, et al. and 10 lots) around February 17, 2010; however, the contract was terminated due to the failure to pay the purchase price on May 2, 2014.

Since then, M submitted a letter of undertaking to implement the project to pay unpaid purchase price and to operate the dredging soil storage facilities at the time of Chungcheongju. On May 12, 2014, M filed an application for provisional injunction on the ground that he/she had the right to dredge soil remaining in the said storage facilities in the Cheongju District Court’s branch, and filed an application for provisional injunction on July 8, 2014 with M, the debtor J, F, and the debtor’s assistant Intervenor B with the creditor M, the debtor J, the debtor J, the debtor F, and the defendant B, the disposition of which is prohibited (No. 2014Kahap support 127).

[2] On July 15, 2014, the enforcement officer N with the Cheongju District Court’s Cheongju District Court’s Cheongju Branch indicated the notification of the provisional disposition according to the decision of disposal (the content: the debtor limited partnership company, the J and the F should not collect or take out dredging soil from the above land) by settling in the above storage.

However, the Defendants conspired with I, from July 15, 2014 to December 4, 2014, carried out dredging soil of 25,364 square meters from the said storage place without permission, thereby impairing the effectiveness of provisional disposition.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of a witness A andO;

1. Partial statement of a witness I;

1. The first written protocol concerning the defendant B concerning the interrogation of the suspect by the prosecution;

1. Statement made by the prosecution on P;

1. Statement made by the police to Q Q;

1. The investigation report (hurd soil.);