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(영문) 인천지방법원 부천지원 2019.02.19 2018고단2145
공무상표시무효
Text

A defendant shall be punished by imprisonment for four months.

However, 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

On April 9, 2017, the Defendant: (a) removed the indication of seizure of 15 units of the de facto string period executed by the Seoul Southern District Court 2017No36300 on March 9, 2017, based on the original copy of the judgment of the Seoul Southern District Court 2016No36304; and (b) removed the attachment indication of 15 units of the total amount of 47,650,000 won as shown in the attached list of crimes; (c) removed the attachment indication of 17,650,00 won, or arbitrarily delivered the seized items to a third party, according to the creditor E company’s enforcement delegation by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Decision on a lawsuit demanding the price of goods, execution clause, service of final and conclusive certificate; and

1. Notice of cancellation of attachment;

1. Copies of each letter;

1. Photographs taken at the time of seizure, and articles and photographs kept by the complainants;

1. A criminal report, and a report on the attachment of corporeal movables attached thereto, and a report on the inspection of seized objects;

1. In full view of the evidence duly adopted and examined by this court, it may be acknowledged that the Defendant arbitrarily removed the attachment indication to G, or arbitrarily removed the objects of the attachment execution without the approval of the execution officer and the creditor, so long as there is a substantive defect in the indication, the attachment indication becomes the object of the crime of invalidation of an indication in the line of duty, unless the attachment indication is revoked in accordance with a lawful procedure, and that the location of the goods cannot be known, in view of the application of Acts and subordinate statutes;

1. Relevant Article 140 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act recognizes the Defendant’s crime of this case, there are circumstances to consider the Defendant’s moving of seized articles, and the Defendant’s own.

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