A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant was the representative of C Co., Ltd. located in Gwangju-si B, and the said Company owned 11 machinery equivalent to KRW 76,000,000 (hereinafter “instant machinery”) at the same place, including three rollers, one electric light, two presses, one set of wire pressure presses, one set of wire pressure presses, one set of cut presses, two set of cut presses, and one set of wire presses.

On February 5, 2016, execution officers D belonging to Suwon District Court attached the instant machinery with the delegation of enforcement by E Co., Ltd. and attached the attachment indication on the said machinery by the aforementioned court’s 2016 main 395 authentic copy.

On June 2017, the Defendant, at the above C Company, removed without permission a seizure mark attached to the instant machine, and sold it to the company manufacturing cV.

Accordingly, the defendant has harmed the utility of the attachment indication that public officials performed in relation to their duties by other means.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning payment order, seizure inspection report, seizure list, and attachment report for 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;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order are recognized to have wrongness and reflect it.

The defendant, at the time, entrusted G with the operation, had been unaware of the additional seizure in Co., Ltd. E, and stated that he/she performed his/her obligation by disposing of the instant machinery when he/she entered into a contract for establishing security for transfer with H Co., Ltd.

The defendant's statement has credibility because it is also stated in the attachment report at the time of fact.

At the time of seizure, E was the principal amount of KRW 47,945,571, and E was the seizure of the Defendant’s passbook as well as the instant machines, and thereafter collected approximately KRW 42 million from the Defendant’s passbook.

However, it shall not agree with E on the remaining amount of credit or recover from damage.