beta
(영문) 수원지방법원 평택지원 2016.10.06 2016고단928

위계공무집행방해

Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months;

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A on December 13, 2013, sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Punishment of Violences, etc. Act (joint confinement) and became final and conclusive on July 25, 2014.

Defendant

A is a person who provides a vehicle as security and engages in unregistered credit business; Defendant B is a person who assists in Defendant A’s work; Defendant C is a person who provides funds to Defendant A; Defendant D is a person who has been holding an individual taxi license in the former Pyeongtaek-si H area; Defendant D is a person who has been holding an individual taxi license.

Defendant

E borrowed 30,00 won from Defendant A who used to lend money as collateral on May 2012, and offered the personal taxi license documents owned by Defendant E as collateral. Defendant A received 30,000 won from Defendant C, a single owner of the taxi, and delivered it to Defendant E.

After that, Defendant A and Defendant C did not receive the interest from Defendant E, since early August 2012, 2012, and upon finding in Defendant E’s house located in Pyeongtaek-si J, Defendant E used for the purport that he would pay the money even if he sold his personal taxi license. The consent of Defendant E was obtained.

However, according to the Passenger Transport Service Act, a person who has obtained a license for private taxi transport business can not transfer the license to another person unless there is a special reason, such as being unable to drive directly due to diseases that require treatment for at least one year within five years from the date of acquisition, and Defendant E obtained a license on December 2, 2010, and thus the license cannot be transferred within five years.

Accordingly, on August 2012, Defendant A, Defendant C, and Defendant B obtained a false diagnosis from the office of the Lcar Center operated by Defendant A, which had a third party conduct as if Defendant E, and submitted it to the Office to obtain authorization for transfer and acquisition. Defendant B is the Pyeongtaek-si area.