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(영문) 대구지방법원 2015.08.13 2015고단21
공무상표시무효
Text

Defendant

A and C shall be punished by imprisonment for six months, and by imprisonment for four months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A and Defendant B are the actual operators of Defendant G Co., Ltd., and Defendant B is the person who manages a swine farm on the land of 12 parcels, including Cheongbuk-do, Cheongbuk-do, H, etc., upon delegation by Defendant A.

On September 12, 2013, the Defendants conspired to seize 1,139 head of the said swine farm, the market price of which is equivalent to KRW 162,210,00,00, by means of an authentic deed No. 2012,878, which was the creditor of the Daegu District Court, and then disposed of 552 head of the said farm to a new interest slaughterhouse at no more than Daegu City (hereinafter referred to as 552 head of the said farm) from September 12, 2013.

As a result, the Defendants conspired in collusion with the public official to have the effect of the seizure indication performed in relation to their duties.

2. Defendant C is a person who has engaged in livestock farming in the name of “M” L at the time of smuggling.

On August 10, 2012, the Defendant: (a) concluded a contract on debt repayment for transfer security with the purport of providing the victim company with the above 2,035 heads of pigs as transfer security by means of an extension of possession of the said 2,035 heads of pigs as security; (b) concluded a notarial deed to provide the victim company with the said 2,035 heads of pigs as transfer security by means of transfer, for the purpose of preparing a purchase price for purchasing 12 parcels of land, including Cheong-do, Cheong-do, Cheong-do, Cheong-do; and (c) the ground buildings on the above land; and (d) pigs 2,035 heads of pigs in swine farms.

The Defendant had a duty to keep the said pigs 2,035 in custody for the victim company, who is a mortgagee, prior to the repayment of the said loan under the above contract.

Nevertheless, on August 2013, the defendant violated his duties, sold all pigs in the above farm to G Co., Ltd. and transferred possession.

Accordingly, the defendant violates his duty and farm.

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