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(영문) 수원지방법원 안산지원 2016.02.04 2015고단3492
공무상표시무효
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was holding 10 points, such as presses (OO) 250 tons and market price equivalent to 40 million won in Si interesting City, Defendant’s operation C in Si interesting City.

In accordance with the delegation of the creditor E, the enforcement officer D attached to the Suwon GP-80, presses 35 tons, presses 250 tons, presses 160 tons, presses 160 tons, presses 80 tons among the above goods, 30 tons of high speed presses 60 tons, presses 60 tons ( Hanyang), presses 35 tons, presses 35 tons, presses (OTRC-PA) 60 tons, presses ( Hanyang) 160 tons in the same place on April 25, 2014, and attached a total of 90 tons on each of the above goods.

However, on July 25, 2014, without permission of enforcement officers or creditors, the Defendant transferred the said goods to the Defendant’s factory located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, the Defendant had the effect of the attachment indication.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police for E;

1. A report on seizure of movables and a report on the inspection of seized objects;

1. Application of statutes governing photographs kept in custody of seized objects;

1. Article 140 (1) of the Criminal Act applicable to the relevant criminal facts and Article 140 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the crime of this case committed by the Defendant for the reason of the protection and observation and the sentencing of Article 62-2 of the Criminal Code of the community service order by the State’s civil execution procedure is circumvented, and at the same time, it is not appropriate for the crime to be committed by the act causing damage to creditors, and that the total value of the seized goods that the Defendant arbitrarily moved to the effect of the seizure mark is the considerable amount, the criminal liability

However, the fact that the defendant confessions and reflects his crime, and disposes of part of the machinery that the defendant voluntarily moved.

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