beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. In full view of the evidence presented by the prosecutor in the gist of the grounds for appeal, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, since the court below acquitted the defendant.
2. Determination
A. The summary of the facts charged in the instant case was leased and operated by F, the owner of the “Eel” located in Gumi-si, Gumi, and the said Maur was sold to the victim G, etc. on August 1, 2011 due to voluntary auction.
Around August 1, 2011, the Defendant: “A movable property in the telecom shall be appraised as KRW 15 million on the provisionally attached corporeal movable property in the telecom as it was provisionally seized around July 6, 2011, because F did not communicate under the circumstance that F was the owner of the telecom, or as the lease deposit of KRW 15,00,00,000,000,000,000,000,000 won was paid for the expenses of the director, the corporeal movable property shall be handed over, and as of September 1, 201, the director shall be ordered to exchange the telecom.”
After that, around August 10, 2011, the Defendant: (a) on the part of the enforcement officer H affiliated with the Daegu District Court Kimcheon Branch, a notary public under the delegation by the creditor I of the enforcement officer of the 2010 Document 52 on the part of the creditor H, sent all movable property to the victim on August 12, 201, and sent the wall so that the corporeal movable property, which was a corporeal movable property, seized by the Defendant under the 2010 Deed 52 of the 2010 Deed, may be carried out from August 15, 2011, with the attachment execution on 30 TV, TV, 4, cooling, 34, cremation, 30, 30, cremation, 30, so that the Defendant may carry out the business from August 15, 201.”
However, the facts are, however, that the defendant was subject to seizure according to the delegation of execution by other creditors with respect to corporeal movables that he had seized.