A defendant shall be punished by imprisonment for not less than five months.

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

Punishment of the crime

【Criminal Power】 On September 16, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the District Court on June 201, and the judgment became final and conclusive on September 24, 2014.

【Criminal Facts】 The Defendant, in both weeks, owned 42 physical organizations equivalent to KRW 26.8 million in total of the market prices of 16 learning machines in the “D” operated by the Defendant in two weeks.

The enforcement officer E of the Speaker District Court attached the above goods to the above "D" on December 10, 2013 with the consent of the creditor F for the execution entrusted by the creditor F, based on the original copy of the decision of seizure of corporeal movables in the above court, and attached a seizure indication on the goods.

However, on March 2014, the Defendant sold 42 of the above sports organization to the false names via the Internet.

As a result, the defendant has harmed the effectiveness of the attachment indication that public officials performed in relation to their duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report of attachment, list of attachment, and report on examination of seized objects;

1. A complaint;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes concerning criminal records and case inquiry;

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 Defendant’s act of sentencing Article 62(1) of the Criminal Act on the grounds of suspended sentence is deemed to disarm the national civil execution procedure, and at the same time, to be criticized as an act that actually causes damage to creditors.

The defendant has escaped after an investigation by an investigative agency, and it is inevitable to choose imprisonment with prison labor because the circumstances after the crime are not good.

However, F, who is the creditor, does not want the punishment of the defendant, and the crime of this case is committed in violation of the Labor Standards Act which is judged guilty in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, and at the same time, it is necessary to consider equity with the case where the judgment is received, and the defendant repents his mistake through the life of detention for about two months.