A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[criminal power] On May 21, 2020, the Defendant was sentenced to two years of suspension of the execution of one year of embezzlement at the Incheon District Court, and the judgment became final and conclusive on May 29, 2020.

【Criminal Facts】

The defendant was the actual operator of the Dispute Resolution Co., Ltd. Co., Ltd. Co., Ltd. located in Si interest-si, and the above company entered into a lease agreement with the Dispute Resolution Co., Ltd., and held one of them (StandardPIF-1100) in the above location, which is equivalent to KRW 200 million market price.

On October 5, 2016, the execution officer E of the Suwon District Court was entrusted by creditor F with the execution of the creditor F, and attached the attachment slip to the machinery by means of the original copy of the provisional attachment order of corporeal movables in the above court No. 2016Kadan2673.

However, around August 2017, the defendant, at the office of the Dispute Resolution Co., Ltd., caused the defendant's wife-Nam G to bring one of the above careers to the factory located in G, and without permission, removed the attachment indication attached to the above careers, thereby damaging the attachment indication that the public official performed in relation to his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of the F;

1. A report, etc. on attachment of corporeal movables in a complaint (No. 2 through 4 No. 133);

1. Previous records of judgment: Criminal records, repeated statements, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant Article 140 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Not more than five years of imprisonment;

2. The scope of recommending sentencing criteria according to the sentencing criteria is concurrent crimes under the latter part of Article 37 of the Criminal Act, and the sentencing criteria do not apply.

3. The crime of this case is deemed to have been damaged by removing a seizure indication attached to the machinery of the defendant, and the circumstances unfavorable to the defendant, such as the fact that the liability for the crime is heavy, in light of the content of the crime.

(b).