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(영문) 서울남부지방법원 2015.07.22 2015고정324
공무상표시무효등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 24, 2013, the Defendant was sentenced to a suspended sentence of three years on July 29, 2014 by committing a crime of violating the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on July 29, 2014.

The Defendant, at the Defendant’s house located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, owned 170,000 won of the total market value of KRW 7.5 million.

On March 7, 2013, the execution officer C belonging to the Seoul Western District Court attached the above goods at the defendant's home and attached a seizure mark on the goods, based on the original copy of the decision of seizure of corporeal movables (2013No. 675) of the above court upon delegation of execution by creditor D.

However, around May 2013, the defendant removed without permission a seizure mark attached to the above goods at the defendant's house.

Accordingly, the Defendant damaged the attachment indication that a public official performed in relation to his duties.

"The defendant was asked by the victim G who operated the F of the Company F for the necessity of a payment guarantee certificate for KRW 500 million." The defendant received KRW 500 million, which is KRW 100,000,000,000, which is KRW 35,000,000,000 from the Guarantee Company, and accepted the proposal that "the defendant would have divided KRW 35,000,000,000 with the fees for the Guarantee Company." In collusion with E, the defendant would collect fees necessary for the payment guarantee certificate from the victim.

Around October 2011, the Defendant, via E, issued a payment guarantee certificate for KRW 500,000,000,000 to the victim, “FFFFFFF, a company that is believed, issued the payment guarantee letter for KRW 500,000,000 from FFF,” to the victim in FFFF, Seoul.

However, the fact is not only a company that can not issue a payment guarantee certificate but also a company that can be issued only for a purchase guarantee, but also a purchase guarantee fee.

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