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(영문) 광주지방법원 2015.02.12 2014고단5074
공무상표시무효등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is the owner of the building E in Seo-gu, Seo-gu, Gwangju, and the victim F is the person who leased the three to six stories of the above building and operated the G Hospital.

1. Around September 24, 2013, the Defendant: (a) filed an application for seizure of corporeal movables located within the above F’s hospital during the process of the lessee F’s surrender evacuation suit against the lessee F; and (b) on the same day, H attached a seizure mark to all corporeal movables of the above building hospital.

On December 5, 2013, the Defendant filed an application with the Gwangju District Court to the effect that all the 57 kinds of corporeal movables should be transferred to the 7th floor of the building in question, and the execution officer conducted an inspection of seized objects on the 7th floor of the building in question, and then purchased 15 air conditioners attached to 15 air conditioners owned by the victim, instead of removing the seized signs attached to 15 air conditioners owned by the victim, and affixed the above seized signs.

As a result, the defendant damaged the identification of seizure conducted by a public official in relation to his duties, thereby impairing its utility.

2. On September 23, 2013, the above victim removed from the above building on September 23, 2013, and as indicated in the above paragraph (1), the Defendant removed the attachment seal attached in an amount equivalent to KRW 24,660,00 from 15 market prices owned by the victim and used it to six floors.

On February 2, 2014, even though the victim was required to return 15 out-of-the-counter machines, it was rejected without justifiable reasons.

Accordingly, the Defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each prosecutor of the prosecution about A and F;

1. Application of each of the Acts and subordinate statutes stated in the report on attachment of corporeal movables and the details of installation thereof;

1. Relevant Article 140(1) of the Criminal Act, Article 355(1) of the Criminal Act, and Article 140(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

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