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(영문) 서울북부지방법원 2014.12.12 2014고정2591
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 December 18, 2012, the Defendant’s enforcement officer B affiliated with the Seoul Northern District Court was entrusted with the enforcement of C, the creditor, and upon the executory corporeal movables attachment decision of the Seoul Northern District Court 2012No. 5969, the Defendant seized the articles equivalent to KRW 1,720,00 at the market price, such as TV (EXS) owned by the Defendant, and displayed the attachment. However, on July 13, 2014, the Defendant concealed the seized articles from the Defendant’s house located in Nowon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, to the building located in Nowon-gu, where the said articles were removed, thereby impairing the effectiveness of the attachment indication that the public official performed in relation to his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Investigation into the validity of seizure of corporeal movables opposite to the Seoul Northern District Court, and investigation into whether mutual agreement is reached);

1. Application of court rulings, reports on attachment of corporeal movables, lists of seizure, monetary deposits, protocols of mediation, and statutes governing inspection records of seized objects;

1. Relevant Article 140 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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