beta
(영문) 인천지방법원 2014.10.30 2014고단3625

위계공무집행방해

Text

Defendant

A Imprisonment with prison labor for eight months, and for one year and two months, respectively.

Reasons

Punishment of the crime

[Criminal Power] On November 26, 2009, Defendant B sentenced the Seoul Southern District Court to eight months of imprisonment with prison labor for the obstruction of performance of official duties by fraudulent means, etc., and completed the execution of the sentence at the Seoul Southern Southern District Court on July 25, 2010.

【Criminal Facts】

F, G, H, I, J, and K are former private taxi drivers, respectively, clients for the transfer of private taxi transport business license, and the Defendants are private taxi transport business licenses.

L is a medical corporation Na Hospital (hereinafter referred to as "Na Hospital") located in Bupyeong-gu Incheon Metropolitan City M. The Na Hospital is a doctor and surgery.

A person who has obtained a license for private taxi transport business under the Passenger Transport Service Act shall not transfer the license unless he/she is able to drive himself/herself due to disease requiring medical treatment for at least one year within five years from the date of acquisition. However, even if a person who has obtained a license for private taxi transport business for whom five years have not passed since the date of acquisition of the license pays a “inward fee” due to economic difficulties, etc. among those who have acquired a license for private taxi transport business, there are many people who intend to transfer the license, and if he/she submits a medical certificate prepared by a doctor in accordance with the doctor’s diagnosis or opinion, the administrative agency may not issue the license.

Based on these points, the Defendants committed the following crimes with mind by illegally obtaining authorization on the transfer or acquisition of a license for private taxi transport business by submitting a false medical certificate issued by L to the competent administrative agency, stating that the person who obtained a license for private taxi transport business was in a health condition that he/she is unable to drive directly due to diseases requiring treatment for at least one year.

1. Defendant B

A. The case of issuance of a medical certificate to G is to be to the Seo-gu Incheon, around September 2012.