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(영문) 의정부지방법원 고양지원 2018.06.14 2017고정717
공무상표시은닉
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant is a person of the nationality of the Republic of Ghana who engages in trade brokerage business under the trade name called “D” (hereinafter referred to as “D”) in Pakistan.

In accordance with the decision of seizure of movable property based on the judgment of 15679 in the same court, E with the delegation from the creditor F to the enforcement of the F, the enforcement officer with respect to the High Government District Court E attached the following: (i) one string vehicle, (ii) one string vehicle, (iii) one string vehicle, (iv) one string vehicle, (v) one string vehicle, (v) one string vehicle, (v) one string vehicle, (v) one string vehicle, (v) one string vehicle, (v) one string container 15, (v) one string vehicle, (iv) one string vehicle, (v) one string vehicle, (v) one string vehicle, (v) one string vehicle, and (v) one string vehicle, and (v) a 27,870,000, and (v) a string vehicle.

Nevertheless, in 2016, the Defendant arbitrarily disposed of the goods, among the goods marked with the seizure, from 1 to 3 times, thereby impairing the effectiveness of the seizure indication that the public official performed in relation to his duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the witness with respect to F, E, G, and H;

1. Determination as to the assertion by the defendant and his/her defense counsel regarding the protocol of seizure of movable property, list of seizure, protocol of impossibility of auction of movable property, notification of date of auction of movable property, protocol of inspection of seized property

1. The defendant and his defense counsel held that the goods from No. 1 to No. 3 among the seized goods (hereinafter "the seized goods of this case") are owned by third parties, not by the defendant, but by the original owner, not by the defendant's disposal, and that the seizure was cancelled by filing a lawsuit of demurrer against the third party against the seized goods of this case. Thus, the defendant did not have any intention to conceal the indication of official duties.

The argument is asserted.

2. Determination

(a) In cases where the seal or attachment or other disposition by a public official is clearly deemed invalid or non-existence by law, the seal or other indication shall be indicated.

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