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(영문) 대구지방법원 2014.02.06 2013고단5811
공무상보관물무효
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated limited partnership C from October 2012 to August 2013, 2013.

1. The Defendant owned goods equivalent to KRW 16,260,00 in total, among the market prices of 245 gamblings, from the above company.

On April 11, 2013, enforcement officers D, who belong to the Daegu District Court, seized the said goods at the said company and displayed them, and had the said company keep the said goods in custody, based on the authentic copy of the judgment of Daegu High Court 2004Na4844, which was delegated to the creditor E.

However, around May 15, 2013, the Defendant had F dispose of the said goods to customers, such as limited H in the Daegu Suwon-gu G, Daegu Northern-gu, and J-gu I, which are located in I, thereby impairing its utility.

2. The Defendant owned goods equivalent to KRW 9,450,00 in total at the market price of 9,450,000,000, other than 9,000 boxes, from the above company.

On July 4, 2013, with the delegation of enforcement by creditors E, K attached the said goods at the above company and attached the said goods at around 11:10 on July 4, 2013, and had the said company keep the said goods in custody.

However, around July 24, 2013, the Defendant had F dispose of the said goods to the customer, thereby impairing its utility.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Each police suspect interrogation protocol concerning L;

1. Each police statement of E;

1. Each complaint;

1. Application of Acts and subordinate statutes to each report on the attachment of corporeal movables, each seizure list, a report on inspection of seized objects, a report on impossibility of auction of corporeal movables,

1. Relevant Articles of the Criminal Act and Article 142 of the Criminal Act concerning the crimes;

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

1. The legitimate judicial power is that the defendant disposes of goods lawfully seized according to the court's decision on the reason of sentencing Article 62 (1) of the Criminal Code.

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