(영문) 대구지방법원 2014.10.16 2014고정1782

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(영문) 대구지방법원 2014.10.16 2014고정1782

공무상표시무효등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 31, 2012, the Defendant: (a) around 11:39, at the “C” page of the Defendant’s operation in Daegu Dong-gu, Daegu District Court: (b) issued a public notice of the prohibition of transfer and provisional disposition of possession of corporeal movables in the instant case at the above location under the letter of decision of prohibition of transfer and disposal of corporeal movables possession by a creditor Co., Ltd. (hereinafter “C”); (c) on the same date, the execution officer D of the Daegu District Court delegated the creditor Co., Ltd. (hereinafter “C”); and (d) under the letter of decision of prohibition of transfer and disposal of corporeal movables possession by a creditor Co., Ltd., the said court: (a) provided that “The said location shall not change the current state against the 24th unit of the Defendant’s computer and monitoring 53 units; (b) provided that the said items shall not be transferred, pledged, or otherwise disposed of; or (d) transferred the said possession to another person; and (c) provided that the public official performed the above provisional disposition.

2. On June 5, 2012, the Defendant in breach of trust, at the place specified in paragraph (1) around June 5, 2012, abandoned 53 computers from the victim company and offered 24 main body of the computer owned by the Defendant as collateral and 53 monitors, and there was a duty to ensure that the said company can secure sirens claims.

Nevertheless, on November 20, 2013, the Defendant violated his duties and sold all of the PCs to E including 24 computers and 53 monitors.

Accordingly, the defendant acquired property benefits equivalent to KRW 7,972,702, and suffered property damages equivalent to the same amount from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Lease contract;

1. A provisional disposal report for corporeal movables;

1. Application of the Acts and subordinate statutes governing the Daegu District Court;

1. Article 140(1) of the Criminal Act and Article 355(2) of the Criminal Act concerning the relevant criminal facts, the choice of punishment, etc.

참조조문

-형법 제140조 제1항

-형법 제355조 제2항

유사 판례

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