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(영문) 수원지방법원 2016.06.02 2016고정774
공무상표시무효
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On April 4, 2011, the Defendant attached 8 points, including 104 and 1404 units B apartment units in Suwon-si, Suwon District Court’s execution officer C, one electronic siren (LG), 1 unit, one washing machine ( Samsung), one laver (3 even), one bed (2), one television (2), one sports machine (TV) and one television (LG), and other eight points (780,000 won at the market price) owned by the Defendant.

The above attachment indication was seized and attached by the above enforcement officer upon delegation of the execution of creditor D by the above court 2003 Ghana 33184.

Nevertheless, on December 10, 2012, the Defendant, at the time of residence, went into effect by arbitrarily disposing of 4 points, such as a cooling house (T&T), bedle (T&T), television (LG), and TV (LG), among the goods seized as above, on the ground of old age, without obtaining permission from creditors and enforcement officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol and list of seizure of corporeal movables;

1. Application of Acts and subordinate statutes to a photograph description (a photograph of a product newly purchased after destroying the seized article);

1. Article 140 of the Criminal Act applicable to the crime, Article 140 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case where the court of the reason for sentencing of Article 334(1) of the Criminal Procedure Act in the provisional payment order arbitrarily disposes of the movable property attached in accordance with the lawful compulsory execution procedure does not constitute a crime. However, the creditor D’s claim against the defendant was a claim that occurred in light of 2002, and the seizure of the movable property was executed on April 4, 201. After which the auction procedure had not been in progress, the defendant was ordered to dispose of part of the movable property that the defendant moved in the house and moved in around 1 year and 6 months, and some of the circumstances leading to the crime of this case were considered.

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