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(영문) 인천지방법원 2018.06.08 2018고정1166
공무상표시무효
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant owned 7 points of the total market value of 8,90,000 won, such as TV and fish containers in Seo-gu, Incheon.

On August 30, 2016, the enforcement officer C of the Incheon District Court attached 7 points in the above address based on the original copy of the decision of seizure of tangible movables of the above court No. 2016, 5246, upon delegation of the execution of creditor D, and attached a seizure mark on the objects.

However, on June 9, 2017, the Defendant transferred the directors at the above address to a middle-aged business operator without obtaining approval from enforcement officers or creditors, and the rest of the assets were transferred to another place.

In this respect, the defendant had the effect of the attachment indication that public officials performed in relation to their duties by other means.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (related to the telephone of the Incheon District Court), an investigation report (the statement by the phone of the purchaser of used goods), and an investigation report (Submission of a seizure report of corporeal movables which

1. Article 140 of the Criminal Act applicable to the crime, Article 140 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. If the attachment indication is damaged as the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, as in the instant case, the Defendant’s act may not be somewhat less than that of the Defendant’s act, considering the fact that civil execution procedure would be of an studio.

In fact, in this case, in consideration of the fact that the auction of corporeal movables became impossible and the creditor becomes unable to obtain any satisfaction of claims even though the court received a payment order, the court also sentenced the same sentence as the order.

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