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(영문) 춘천지방법원 강릉지원 2014.11.11 2014고단559
공무상표시무효
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, along with her husband C, owned 12 points of goods equivalent to KRW 24,540,000, total market value of Samsung Computer (main body, LROM monitor, and keyboard) and 1,00,000.

The Defendant borrowed business funds of KRW 30,00,000 to the victim F, and did not repay KRW 24,540,000 to the victim F. As such, G, an execution officer affiliated with the Gangnam branch of the Chuncheon District Court, entrusted the execution of the creditor H by the creditor’s agent, the Defendant attached the said goods in the above E on February 8, 2012 and attached a seizure indication on the said goods upon the consent of the creditor’s agent.

On November 2013, the Defendant: (a) arbitrarily removed the attachment indication attached to presses (I), Vone/GB joint use cutting machines (I), Twits (I), and 45 degrees cutting machines (I) from among the above seized goods; (b) provided the goods for repayment of other obligations at the same time and at the same time on December 2013; and (c) arbitrarily arbitrarily transferred them from the above location to the Defendant’s house located in J or 807 at the time when the attachment indication was removed.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on attachment of corporeal movables, a report on inspection of seized objects, or a copy of judgment;

1. Application of Acts and subordinate statutes of an investigation report;

1. Relevant Article 140 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2001Da15488, Apr. 1, 201).

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