logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.11.23 2017고정2305
공무상표시무효등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant whose indication of confidential information in the line of duty is invalid is owned by 190,00 won in the market price, such as printing strawers, etc. kept at the Defendant’s house located in the Namyang-si.

Upon delegation of the execution of creditor D, the enforcement officer C of the District Court attached the above goods at the above site around March 13:30, 2016 on the basis of the original copy of the provisional attachment order of movable property of the above court No. 2016 on March 9, 2016.

However, around December 2016, the Defendant moved goods attached to the goods from the above place to the warehouse mail, moved again to the vehicle parked in the warehouse site, and then moved again to the warehouse E in Namyang-si around March 2017.

2. The Defendant: (a) borrowed KRW 30 million from the victim D; (b) did not change the date of repayment; and (c) the victim D filed a lawsuit seeking provisional attachment of movable property and a claim for loans.

Therefore, on March 2017, the defendant moved 19 points to another place, such as a printing machine owned by the defendant, which is likely to be subject to compulsory execution against the victim D at the above place.

Accordingly, the defendant concealed property in order to escape compulsory execution, thereby damaging the victim D, which is the creditor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol of provisional seizure of tangible movables, a list of seizure, a written decision of seizure, and a protocol of inspection of seized objects;

1. Application of Acts and subordinate statutes to the list of documentary evidence;

1. Relevant Article of the Criminal Act, Article 140 (1) of the Criminal Act (the invalidation of indication of facts constituting an offense in the line of duty), Article 327 of the Criminal Act (the point of evasion of compulsory execution), and the choice of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is as of February 9, 2017 after the Defendant applied for individual rehabilitation on or around November 2016 and decided to commence individual rehabilitation procedures.

arrow