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(영문) 창원지방법원 2017.10.17 2017고단1326
공무상표시무효
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was the representative director of the C Co., Ltd. in Kim Sea-si, and the said Company owned 39 machines listed in the list of crimes in the attached Form No. 39 (hereinafter “the instant machines”).

D with the delegation of the execution of Changwon District Court's execution by creditors, the execution officer of Changwon District Court attached the instant machinery at C Co., Ltd. on February 7, 2017 by the original copy of the decision of provisional seizure of tangible properties in the above court No. 2017k, but on February 7, 2017, attached the attachment indication on the machinery.

However, around February 14, 2017, the Defendant, at C Co., Ltd., removed without permission the attachment indication attached to the instant machinery, thereby damaging the attachment indication that public officials performed in relation to their duties.

Summary of Evidence

The application of each of the Acts and subordinate statutes of the defendant's statutory statement of provisional seizure of movable property, protocol of provisional seizure of movable property, list of seizure, and protocol of inspection of seized property

1. Article 140 (1) of the Criminal Act applicable to the facts constituting the crime;

2. The Defendant: (a) ordered the instant machinery to take a disposition of KRW 126 million; and (b) paid KRW 50,239,000 to the complainants for the reason of sentencing selective sentence of imprisonment with prison labor;

In addition, there is no specific proof of prosecutor on the amount of damage, and there is no specific proof of prosecutor on the crime of this case, the amount of damage suffered by the creditor is KRW 126 million and KRW 50,239,000 among them was recovered from damage.

The punishment shall be determined by the preceding paragraph.

It is highly harmful to the society as well as the creditors in that the debtor's arbitrary disposal of the goods executed by the creditor upon the court's decision of provisional seizure is a crime that damages the significance of the existence of the civil procedure and compulsory execution system and damages the social order.

Although the defendant used the proceeds of the instant machinery for the repayment of the company's obligations or the operation of the company, he/she shall be sentenced to the defendant's punishment because the considerable portion of the damage is not repaid.

However, the defendant before 204.

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