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(영문) 창원지방법원 진주지원 2017.06.08 2017고정135

위계공무집행방해등

Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

A license for a small construction machinery operator may be acquired as the completion of the prescribed curriculum on the operation of small construction machinery conducted at an educational institution designated by the Do Governor (or theoretical six hours, six hours, and six hours for practical training).

From July 6, 2014 to July 10, 2014, the Defendant received the certificate of completion of the education illegally issued by D, as if the Defendant completed the education, even though the Defendant did not have completed the prescribed operation theory and operation practice necessary to obtain a license for a pilot for less than threets from the C Private Teaching Institutes located in Jinju City from July 6, 2014.

Therefore, on July 25, 2014, the Defendant submitted a false certificate of completion of education issued by the above D to the public official in charge of the construction and construction management team of the South-west Sea Office 12. The Defendant issued a false certificate of completion to the public official in charge of the construction and construction management team of the South-west Sea Office 12.

Accordingly, the defendant issued a small-sized construction machinery operator's license by illegal means, and at the same time interfered with the legitimate performance of duties of the public official in charge of issuing construction machinery by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Copy of the protocol concerning suspect examination of D; and

1. A list of the persons involved in a fraudulent scheme to obstruct the performance of official duties;

1. An application for an instruction to operate small construction machinery, an application for issuance of a construction machinery pilot's license, and a certificate of completion of an instruction to operate small construction machinery;

1. Application of Acts and subordinate statutes, such as a copy of a separate case forwarding;

1. Relevant criminal facts: Article 137 of the Criminal Act; subparagraph 2-2 of Article 41 and Article 26 of the Construction Machinery Management Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;