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(영문) 서울중앙지방법원 2018.08.31 2018고단1870
공무상표시무효등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 09:00 on October 21, 201, the Defendant made a false statement to the effect that “The Defendant would have repaid KRW 15 million to the victim at the victim D’s house located in Seodaemun-gu Seoul Metropolitan Government apartment B apartment building C” to the effect that “The Defendant would have repaid KRW 4 billion after one week because the amount invested at the time of the East Sea would have come to KRW 4 billion.”

However, the Defendant did not have certain income or special property at that time, and the Defendant did not have to receive 4 billion won in connection with the investment in the East Sea, and thus did not have any intent or ability to make a full payment after the day even if he borrowed money from the injured party.

The Defendant, as such, by deceiving the victim, received KRW 15 million from the victim, namely, in the name of the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant, at the Defendant’s house in Yangcheon-gu Seoul E building and F, owned 11 points in total of the market value of KRW 1,310,00,00, as well as 11 points in total.

On May 25, 2016, G enforcement officers of the Seoul Central District Court seized the above articles by using the original copy of the decision of seizure of movable properties, which was delegated by creditors H by the above court 2016. 1748.

Nevertheless, on July 28, 2017, the Defendant moved his residence to the Dongjak-gu Seoul Metropolitan Government I building and the third floor, and concealed the goods with the attachment indication arbitrarily attached, such as the list of crimes, or moved them to a new residence.

As a result, the Defendant concealed the attachment indication that a public official performed in relation to his duties or harmed its utility by other means.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1.Payments of payment

1. Application of Acts and subordinate statutes concerning the inspection record of seized objects, and the list of seizure;

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 140 (1) of the Criminal Act concerning the facts constituting the crime (the point of invalidity of indication in the line of duty) of the relevant Act;

1. The aggravated Criminal Act for concurrent crimes.

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