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(영문) 대전지방법원 서산지원 2012.07.24 2011고단378
공무상표시무효등
Text

Defendants shall be punished by imprisonment for four months.

except that the execution of each of the above punishments shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2011 Highest 378] Defendant A received the registration of ownership transfer from E with respect to the deceased E’s co-ownership of 1/3 (hereinafter “instant salt farm”) among the 23382 square meters of the DD salt farm in Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-si, Chungcheongnam-do, and Defendant B is the punishment of the above Defendant A.

The Defendants knew that the victim F, the grandchildren of the above net E, would produce salt by operating the instant salt farm. However, on May 13, 2010, the Defendants stated that “E’s salt farm was subject to No. A, if the Defendant had completed the registration of transfer of ownership of shares in the instant salt farm, it shall be kept separately, and the salt produced prior to the due date, shall be kept separately, and the salt produced therefrom shall be kept separately by keeping (A).”

However, the Defendants conspired to sell salt that the victim would not hear the Defendants’ horses to G, and Defendant A entered into a contract with the said G to sell salt in the warehouse of the said salt farm, and Defendant B transferred the said salt to G three times as follows.

1. On January 29, 201, Defendant B: (a) around January 29, 201, at the warehouse No. 3 of the above salt farm, 30 kg of salt amounting to KRW 12,00,000 at the market price, which was kept in the warehouse No. 3 of the above salt farm; and (b) caused the Defendant to have two parts of the 5 tons of the 1,200 kn of salt amounted to two parts of the 5 ton

2. around January 30, 201, Defendant B: (a) around January 30, 201, the market price of 12,000,000 kgs, which was kept in custody at the above place, was 1,200 khs of salt by the above method.

3. around January 31, 201, Defendant B: (a) around 30 kg of the market price of KRW 9,000,000, which had been kept at the above place; and (b) around 31, 201, Defendant B had salted about 90 kgs in the above manner.

As a result, the Defendants conspired to commit a theft by bringing 72,90 kg of salt owned by the victim.

[2011 order 864] Defendant A shall be Chungcheongnam-Nam around May 13, 2010.

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