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(영문) 서울남부지방법원 2018.10.12 2018고단3499
공무상표시무효
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, at the office of the Defendant 615 located in Jung-gu, Jung-gu, Seoul, was using the digital composite apparatus equivalent to KRW 16,80,00,00 at the market price of 16,80,000,00, which was leased to C Company at the office of the Defendant, delayed payment of the lease price for the above output unit, and subsequently, around June 21, 2016, the enforcement officer D affiliated with the Seoul Central District Court notified the Defendant of the provisional disposition that he shall not transfer the possession or possession of the above composite unit according to the decision on the transfer of possession or disposal of the movable property by the representative director E by the creditor Co., Ltd., the above court’s enforcement officer at the Seoul Central District Court at around June 21, 2016, and attached a notice stating the same purport of the execution during the above composite unit period, the said composite machine, which was kept in the custody of the above company office at a time without the execution officer’s permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each letter of order of the defendant;

1. Application of statutes to a protocol of inspection of provisional disposition of corporeal movables;

1. Relevant Article 140 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The instant crime with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is an extremely poor crime that leads to a sense of the usefulness of the compulsory execution system, and the location of the complex period as indicated in the present judgment is also grave.

However, the Defendant was sentenced to punishment by taking into account the following circumstances: (a) the Defendant did not have any other criminal record than twice a fine; (b) the Defendant deposited KRW 1,00,000,00 with the obligee C Co., Ltd. as indicated in the judgment on September 5, 2018 as the principal offender; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances revealed in the instant records and theories, such as the circumstances after the crime.

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