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(영문) 서울동부지방법원 2015.01.14 2013고단2254

위계공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From around 2003 to February 201, the Defendant worked as the secretary general of school juristic person F in Gangdong-gu Seoul, Seoul, and took overall charge of the affairs of the said school juristic person on behalf of G, the mother of the Defendant who is the president of the said school, is the mother of the said school.

In April 2009, the Defendant committed obstruction of the performance of official duties by fraudulent means: (a) around July 23, 2009, the maturity of payment was set at 4% on July 23, 2009; and (b) the cash amount of KRW 1.8 billion, which is the basic property for profit of the said school juristic person; (c) however, he/she concealed such fact; and (d) received false permission with the purport that the said school

1) On March 27, 2009, the Defendant: (a) at the school support division of the Seoul Jongno-gu Seoul Metropolitan Office of Education at the 48-dong, Jongno-gu Office of Education at the Jongno-gu Seoul Metropolitan Office of Education on March 27, 2009; and (b) the land and buildings in

(2) On March 31, 2009, when applying for permission to dispose of KRW 1.6 billion in cash, which is a basic property for profit owned by the said school foundation, on the ground that it is used as the purchase price, the Defendant submitted the same content to obtain permission to dispose of property on March 31, 2009 by the superintendent of the Seoul Special Metropolitan City Office of Education who believed the content thereof to be true. Accordingly, the Defendant interfered with the legitimate execution of duties concerning the management and protection of the basic property of the school foundation in Seoul Special Metropolitan City superintendent’s Office of Education through fraudulent means. (2) On May 15, 2009, the Defendant applied for permission to dispose of KRW 200 million in cash, which is a basic property for profit owned by the said school foundation, from H, on the ground that it is used as the purchase price, and submitted the same content to obtain permission to dispose of property on May 25, 2009 from the superintendent of the Seoul Special Metropolitan City Office of Education.

Accordingly, the defendant is entitled to manage and protect the basic property of the Seoul Metropolitan Office of Education through fraudulent means.