A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a person who has operated a gold-type manufacturing business chain in the Nam-gu Incheon Metropolitan CityJ.

The Defendant was unable to pay three lease charges for machines, such as 1 ping machine (2), 1 ciff-520 meters, and 1 ciff-380b purchased by the lease method, and the auction procedure for the said 3 points of machines was commenced.

On March 13, 2013, the creditor L of the defendant was awarded a successful bid of KRW 12.5 million in the auction procedure of the Incheon District Court with respect to three mechanical parts, including the above smuggling (No. 2), 1 fiff-520 meters, and 1 fiff-380b.

Accordingly, the Defendant again purchased the above three points of machinery from L in the purchase price of KRW 15 million from L, and the Defendant agreed with L to use the above three points of machinery continuously until he pays the machinery price.

Afterward, M&D enforcement officers of the Incheon District Court seized 25,500,000 won of the total market price of the tights (No. 25,500,000 won) owned by the defendant in the above K factory on May 9, 2013, based on the original copy of the decision of seizure of corporeal movables (No. 2013,527) by the creditor N with the delegation of enforcement by the creditor N, and attached a seizure mark on the goods.

On July 4, 2013, the Defendant removed without permission a seizure mark attached to the above goods and delivered the seized goods to L, thereby impairing the utility of the seizure mark that public officials performed in relation to their duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement about N or L;

1. Application of Acts and subordinate statutes to attachment report on corporeal movables, notification of date of auction of movables, confirmation of auction, receipt of price, notarial deeds, and protocol of inspection of seized objects;

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

1. Of concurrent crimes, the market price of the seized movables in this case and the amount of creditors’ claims, and the creditor’s claims, for the reason of sentencing Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act.