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(영문) 울산지방법원 2015.07.09 2015고정644
공무상표시무효
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, in Yangsan-si, owns 11 points of goods equivalent to the total market value of 18,00,000 won in a cafeteria operated by the Defendant in Yangsan-si. A performance officer affiliated with the Ulsan-si District Court, upon delegation of the creditor E, seized the said goods at the Defendant’s restaurant on November 27, 2014 and attached a seizure mark on the said goods. However, the Defendant, around December 14, 2014, moved the said seized goods to a “G” restaurant located in Yangsan-si.

As a result, the defendant has harmed the effectiveness of the attachment indication that public officials performed in relation to their duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Statement to E by the police;

1. Statement of the impossibility of execution of additional seizure;

1. Report on attachment of corporeal movables;

1. Application of Acts and subordinate statutes on seizure lists;

1. Article 140 (1) of the Criminal Act and Article 140 of the same Act concerning criminal facts, the choice of punishment, and fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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