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(영문) 서울서부지방법원 2020.05.28 2019고정988
공무상표시무효
Text

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

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

Reasons

Punishment of the crime

The Defendant had eight goods worth KRW 10,200,000 at the market price, such as one emitting machine, one ice ice conditioning machine, one business air conditioning machine, one shock machine, one shockr, one coffee crushing machine, and two heating and cooling machines in Mapo-gu Seoul.

The enforcement officer D belonging to the Seoul Western District Court attached 8 points of the above goods in April 12, 2017 by the executory decision of seizure of corporeal movables with the executory power of the F case of the above court under the delegation of execution by creditor E, and attached a seizure indication on the above goods on April 12, 2017. Upon the delegation of execution by creditor G upon the delegation of execution by creditor G, the above goods were additionally seized on May 19, 2018 by the executory decision of seizure of corporeal movables, and attached a seizure indication on the above goods.

Around August 2018, the Defendant arbitrarily transferred the said goods to a person who is not aware of his/her name, thereby undermining the effectiveness of the attachment indication.

Summary of Evidence

1. A protocol concerning the examination of the suspect of the defendant or I;

1. Statement of each police statement concerning E and G;

1. Each complaint filed by E and G;

1. A notarial deed, details of attachment cases, records of inspection of seized objects, and the list of attachment;

1. Application of Acts and subordinate statutes, such as a partnership/investment contract, judgment, copies of decision to seize corporeal movables, protocol of inspection of seized objects, and list of seized objects;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 140 (1) of the Criminal Act selecting a fine;

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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