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(영문) 전주지방법원 남원지원 2019.08.13 2019고단61
공무상표시무효등
Text

Defendant

A Imprisonment with prison labor for one year, for six months, for Defendant B, and for a fine of 2,00,000 won.

Reasons

Punishment of the crime

around January 25, 2017, Defendant B and A operated a stock company E (hereinafter “E”) in Namwon-si, Seoul Special Metropolitan City around January 25, 2017. Defendant B employed Defendant C as a person responsible for the production and management of waste disposal machinery, and Defendant B was in charge of the management of employees and places of business, and Defendant A was in charge of the fund management.

On January 24, 2017, the victim F purchased all the land and machinery of E’s factory site through an auction, and on December 15, 2017, the victim F filed a civil lawsuit against E seeking the return of unjust enrichment equivalent to the royalty by the time all the auction goods are delivered and delivered (the Jeonju District Court 2017Gahap146), and won the case at the first instance court on August 23, 2018, and thereafter, on September 11, 2018, the winning judgment of the above provisional execution sentence was executed on September 11, 2018, with the title of execution of seizure against the fish net cutting machine, the waste treatment machinery owned by E, one washing machine, one work unit, one work unit, and one separation machine of the original judgment.

The Defendants planned to avoid compulsory execution by making it clear whether the above machinery was taken out outside the factory. On September 2018, the Defendants agreed to take charge of the role of “Defendant B taking out the above machinery out of the factory”; Defendant C prepared a place to keep the said machinery and maintained the said machinery at the same time and moved the said machinery to another waste disposal company; Defendant A takes charge of the role of carrying the said machinery out, transporting, and repairing the said machinery.”

Defendant

C following the above public offering, Defendant A and B leased a warehouse owned by the company “H” in Daegu on September 2018 by means of money received from Defendant A in the middle of September 2018. Defendant A and B, at around 18:00 on September 20, 2018, leased the warehouse to the company “H”, and upon delegation from the victim, Defendant A and the Namju District Court support enforcement officer I, upon the delegation from the victim, carried out the total five machinery, including one, one, one, one, one, one, one, one, one, one, and one, one, two, out of the factory.

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