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(영문) 인천지방법원 2019.10.10 2019고단2681
공무상표시무효등
Text

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is the representative director of the corporation C (hereinafter referred to as "stock company") located in Namdong-gu Incheon Metropolitan City B, only when the corporation is first mentioned).

around September 2018, the Defendant did not pay an amount equivalent to KRW 139 million for goods to D Co., Ltd., a steel supplier due to a shortage of operating funds of C. The enforcement officer of the Incheon District Court E, upon delegation of enforcement by creditors D on August 7, 2018, stated in the Incheon District Court’s F indictment in the letter of indictment, “Sadan 666 of the Daejeon District Court Seosan Branch 2018Gadan 666” is the case number of the principal case, and the correction is made as above.

(17,23 pages) The original copy of the decision to seize corporeal movables is clear that "27 of the statements in 26 bills of indictment, such as 390 iron plates C owned by C, is a clerical error.

(See the seizure list No. 9 of 24,25 pages 24, 25) The articles were seized and the seizure mark was placed on the articles.

As above, the Defendant had expressed an attitude to arbitrarily dispose of and conceal the seized articles in order to evade compulsory execution, and to evade compulsory execution.

Thus, around September 2018, the defendant made the above-mentioned C office with 390 iron plates attached as raw materials and sold them to the customer.

Accordingly, the defendant has undermined the utility of the indication of the compulsory disposition and has evaded the compulsory execution.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the prosecutor's protocol of examination of the defendant

1. The police suspect interrogation protocol of H;

1. A complaint;

1. Application of statutes governing judgment, public announcement, trade agreement, inspection of seized objects;

1. Article 140 (1) of the Criminal Act applicable to the relevant criminal facts and Article 327 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is private, such as self-help.

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