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(영문) 광주지방법원 순천지원 2016.01.11 2015고단1699
공무상표시무효
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, a person who was the representative of “D” in the Republic of Korea, was holding 82 points of goods worth KRW 175,301,000 in total at the market price of the machines, etc. located within the said center.

The enforcement officer affiliated with the Gwangju District Court's Netcheon District Court attached the above goods by the original copy of the decision of seizure of movable properties of 4075 Gohap 2013 at around May 2014 and attached an indication of seizure on the goods upon delegation of the enforcement of the Inmhemmhemt Labor Welfare Fund.

However, around January 2015, the Defendant’s use of the attached list by removing without permission a seizure mark attached to the attached list (a total of KRW 74 type, KRW 138,341,00) among the above goods at the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A public disclosure book photograph, a report on inspection of seized objects, and a seizure list;

1. Photographs of the current status of examination of fluids in D;

1. Records of the execution case (2014. 930), applications for compulsory execution, money deposit, records of seizure of corporeal movables (2013. 1913) and notices of the date of auction of movables (2014. 930)

1. Application of Acts and subordinate statutes to investigative reports (personally unregistered telephone conversationss by health care providers);

1. Relevant Article 140 of the Criminal Act concerning the facts constituting an offense, Article 140 (1) of the Criminal Act selecting a penalty, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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