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(영문) 서울남부지방법원 2016.02.18 2015고단5107

위계공무집행방해

Text

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

Criminal facts

The defendant is a Chinese person who enters and stays in Korea as a visa for visiting employment (H-2) and who has obtained a national technical qualification certificate, and the period of stay may be extended by changing the visa for visiting employment to a visa for overseas Koreans (F-4). The defendant recruited to apply for the examination by informing other persons of the answer in lieu of the examination problem, as well as D, E, etc., by having the national technical qualification certificate, which is issued by the Korea Technology Qualification Examination Institute entrusted by the Human Resources Development Service of Korea.

1. On May 26, 2015, the Defendant, on May 26, 2015, applied for a written examination with the qualification certificate of a data processing technician at the permanent test room room of the Korea Manpower Agency branch located in the business territory located in the Korea Manpower Agency located in Suwon-si, Suwon-si, 46-68 on May 26, 2015 (hereinafter “written examination with the qualification certificate of a data processing technician at least 113 times of full-time engineer in 2015). Prior to that time, the Defendant taken and transmitted the examination issue externally by using devices such as radio earphone receiver received from the said D, radiophone receiver, radio cable connected with the photographer, etc., and displayed it on the column of the response of the computer screen.

Accordingly, in collusion with D, the defendant applied for the examination by the above improper means and interfered with the fair management of the above examination conducted by the Human Resources Development Service of Korea by deceptive means.

2. On June 20, 2015, the Defendant, in relation to the practical examination, applied for a practical examination for a data processing technician qualification certificate of 19 times of full-time technicians in 2015 at middle school classrooms located in the Dong-ro 3-ro, Yeongdeungpo-gu Seoul Metropolitan Government, on June 20, 2015, among the leaples located in three-lane 3-lanes of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, and displayed it on the response column of the computer screen as seen above.

Accordingly, the defendant D.