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(영문) 대구지방법원 2014.12.12 2014고단5160
사인부정사용등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant made and supplied wood packaging materials to the exporters and supplied them with the name of “C” in Daegu Dong-gu B, and used a wood processing business. The Defendant used D’s disinfection treatment mark to see that he did not receive heat treatment on the wood packaging materials and affixed the seal on the wood packaging materials produced by the Defendant.

1. On December 2013, 2013, the Defendant unlawfully used a private person by arbitrarily marking the Hadin disinfection mark (KR-436, HT) on a wood packing material in order to look at as if he/she did heat treatment on a timber that did not treat heat within the “C”, and as if he/she did so, using the Hadin disinfection mark (KR-436, HT).

2. On April 2014, the Defendant: (a) supplied wood packaging materials taken by a private person, who illegally used them as indicated in paragraph 1, to F and exercised them.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Statement of the police statement concerning the defendant and G;

1. A H statement;

1. Each written confirmation of I, the accused, and G;

1. 고발장, 소독처리마크 사용증명서 발급대장, ㈜팬스타신항 국제물류센터 보세창고 반입 수출용 목재포장재 사진, C에서 F에 납품한 목재포장재 사진, 수출입목재 열처리업 등록취소 알림 법령의 적용

1. Article 239 (1) (Unlawful Use) of the Criminal Act and Article 239 (2) and (1) of the Criminal Act concerning the facts constituting an offense (a point of exercising a private user as a private user);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that the Defendant committed the instant crime, even though there was a previous conviction for the same kind of punishment in the past, under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing), is disadvantageous to the Defendant, or that there is a circumstance to consider the circumstances leading up to the Defendant’s confession of the fact of crime, and reflects his mistake.

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