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(영문) 서울중앙지방법원 2017.01.11 2016고정3780
공무상표시무효
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall impair or conceal any sealing or seizure or other indication of compulsory measures taken by a public official in connection with his/her duties, or impair the utility thereof by other means.

On March 15, 2016, pursuant to Articles 91-16 and 91-17 of the Local Tax Act, the Defendant: (a) owned a cooling house and 11 other goods kept at the Defendant’s house located in Gangnam-gu Seoul apartment 4 Dong 206, and (b) owned the said goods at the Defendant’s house; and (c) attached a seizure mark on the said goods.

Nevertheless, on August 4, 2016, the Defendant removed the attachment indication attached to the above goods from the Defendant’s house at his own discretion, and made it effective as it is attached to the front and rear sides.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Notice of attachment, record of attachment, certificate of custody of attached property, and list of attached property;

1. Application of Acts and subordinate statutes on seals, seals and photographs of seized movables as a result of business trip;

1. Article 140 of the Criminal Act applicable to the crime, Article 140 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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