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(영문) 광주지방법원 순천지원 2013.09.24 2013고정223
공무상표시무효
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 27, 2007, the Defendant was a representative director of D Co., Ltd., which has an office in Franchi City, and E was working as the head of the above D Factory from July 201 to May 15, 2012.

On December 28, 2011, the enforcement officer F, who belongs to the Gwangju District Court's Netcheon Branch, entrusted the enforcement of G Co., Ltd. (H) to G Co., Ltd. (the representative director H), attached tin portion equivalent to 1,000,000,000,000 of the market price in the above D Co., Ltd., Ltd., and displayed the attachment of tin portion on December 28, 201.

However, around December 28, 2011, the Defendant received communications from the above E at a place where he was not aware of the place, and instructed him to use the phone that the stone was seized as above, and instructed him to use it. From that time, E heard the horses above from the above A to January 15, 201, and used a large amount of the stone in that place.

Accordingly, the defendant, in collusion with E, has harmed the utility of the seized articles which the public official performed in connection with his duties without permission.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of the police officer to I;

1. A copy of report on attachment of corporeal movables;

1. Application of Acts and subordinate statutes governing work days;

1. Article 140(1) and Article 30 of the Criminal Act concerning the crime, the selection of fines, and the selection of fines;

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

1. The defendant's assertion and judgment on the provisional payment order under Article 334 (1) of the Criminal Procedure Act include the fact that part of the seized tin portion is used by E, which is the factory site, but it is alleged that he did not instruct E to use tin. However, it is stated that E, the factory site, knew of the fact that tin was seized to the defendant, and that E, which is the factory site, was used by the defendant to continue the work by using tin, and that E, without the defendant's instruction.

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