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(영문) 인천지방법원 2015.03.19 2014고단5516

허위작성진단서행사등

Text

[Defendant AE] Defendant AE shall be punished by imprisonment with prison labor for six months, and Defendant B shall be punished by imprisonment with prison labor for four months.

Defendant

AC.

Reasons

Punishment of the crime

To the extent that there is no risk of actual disadvantage to the defendants' exercise of their right of defense, facts constituting a crime are recognized" 1. F, N, G, H, H, I, AP, and K are former private taxi drivers, who are clients for transfer of their license for private taxi transport business, and A, B, and Q are mediation measures for illegal transfer of license for private taxi transport business.

In addition, Defendant AE is the co-representative director of the Dispute Resolution Co., Ltd., Defendant AC is the president as the co-representative director of the above P, and Defendant L is the major director of the medical corporation N Hospital in Bupyeong-gu Incheon Metropolitan City (hereinafter “N Hospital”).

A person who has obtained a license for private taxi transportation business under the Passenger Transport Service Act shall not transfer the license unless he/she is able to drive directly due to disease requiring treatment for at least one year within five years from the date of acquisition. However, among the persons who have acquired a license for private taxi transportation business for whom five years have not passed since the date of the license, there are many people who intend to transfer the license even if he/she pays a low-priced fee due to economic circumstances, etc., and if he/she submits a medical certificate prepared by a doctor in the course of filing an application for a license for private taxi transportation business, the administrative agency may not take the measure of authorization depending on the doctor's diagnosis

Based on these points, the Defendants conspired with each other to obtain authorization on the transfer or acquisition of a license for private taxi transport business by submitting a false medical certificate issued by Defendant L to the competent administrative agency along with the written application for authorization on the transfer or acquisition of a license for private taxi transport business, stating that the person who obtained a license for private taxi transport business was unable to drive directly due to disease requiring long-term treatment.