beta
(영문) 인천지방법원 2015.10.08 2015고단5407

위계공무집행방해

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Punishment of the crime

1. The defendant of fraudulent means of obstruction of performance of official duties is a Chinese person staying in the Republic of Korea as a visiting employment visa (H-2) and the period of sojourn can be extended by changing the visiting employment visa to an overseas Korean visa (F-4) upon acquiring a national technical qualification certificate. The defendant obtained a national technical qualification certificate of the national technical qualification engineer who is entrusted by the Human Resources Development Service of Korea and issued and enforced by the Korea Technical Qualification Examination Service of Korea.

However, the Defendant, when considering the lack of the ability to interpret and pool the practical examination problem in Korean language, was able to receive the examination instead of the Defendant through the advertisements posted on the Internet site ‘C' around June 2014, and visited the Defendant, instead of the issue on the date of the examination, by introducing soloker D, instead of the issue on the date of the examination, and by agreement to pay KRW 2 million when passing the examination, the Defendant was willing to take the examination by unlawful means.

On June 14, 2014, at the front parking lot of the Bupyeong Industrial High School located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, the Defendant received the antenna line to increase the receipt of the name of the Defendant, radio earphones, and radio earphone reception rates from Brers D, waiting in the place.

The Defendant continued to put up the written examination at nine regular data processing technicians in effect from around 12:00 to 13:00 on the same day, at the 2014 regular data processing technician qualification certificate entered into the 9th office of the above Bupyeong Industrial High School from around 12:0 to 13:00, attached the radio earphone received from D to the Defendant’s mobile phone connected the antenna line to the Defendant’s mobile phone, and entered the answer in the answer that the name unexponed person is informed of the radio earphone

Accordingly, the defendant, in collusion with D, applied for the examination by the above improper means, and obstructed the fair management of the written examination of the qualification certificate of the data processing technician nine times in 2014 conducted by the Human Resources Development Service of Korea by deceptive means, in the same manner.