(b) Events, such as writing and electronic records;

C. Performance of official duties by fraudulent means

2.(a)(b) .00 ○○ (1952) , and non-permanent,

Attorney Kang Han-soo, Counsel for the defendant-appellant (a private election for the defendant's Gangwon-do)

Attorney Hwang Sung-sung (the national election for the defendant Lee Sung-hoon)

However, from the date this judgment became final and conclusive, for 2 years on the part of the defendant, on the part of the defendant Lee ○.

The execution of each sentence above shall be suspended for one year.

Defendant Gangnam-gu is the superintendent of the ○○ Specialized Driving School in Jeju, who actually operates the above driving school, and Defendant Lee ○○ is the instructor of the department in charge of education of classroom subjects in the above driving school from February 1, 2005 to May 2015.

A specialized driving school shall provide students with an opportunity for an education for classroom subjects for five hours necessary for applying for the examination, and a person who operates a specialized driving school shall require students to enter the fact of attendance and attendance by means of inputting a lecture card and fingerprints in the "Personal Affairs Management Computer System" before and after the commencement of education, and after the completion of education, require an instructor who has provided education to verify the student's attending attendance, and then have the instructor who has provided education enter his/her fingerprints in the school affairs management computer system.

In addition, as mentioned above, the entry of students is connected to the computer network, real-time sharing of the Jeju Provincial Police Agency, the National Police Agency Traffic Data Management System, the Driver's License Test Authority, and the driver's license test site.

From February 2015, the Defendants increased the registration of Chinese students who want to obtain Korean driver's license from the above specialized driving school to the Chinese driver's license. As the number of Chinese students who want to obtain Korean driver's license on the same day by completing five hours of education of classroom subjects during a short period of time so that they can see the function test and the course test on the same day, the Defendants conspired to enter false information in the school administration computer system as if Chinese students were subject to regular education of classroom subjects for seven consecutive hours from 08:00 up to 14:50 up to 0:0.

Accordingly, from March 16, 2015 to December 12:50, 2015, Defendant Gangwon-do had 11 Chinese students B and other Chinese students B and other Chinese students take a step in a restaurant outside of the private teaching institute during the education period of classroom subjects. Defendant ○ did not implement the actual subject education to 11 students of the above Chinese students at around 12:50 on the same day, Defendant ○ entered his fingerprints in the school administration computer system, as if they actually provided education, and then entered them into their fingerprints to 11 students of China as if they received the normal subject education.

Accordingly, the Defendants conspired to enter false information in the school affairs management computer system, which is a public electronic record, from the above date to May 28, 2015, in a way the same as in the list of crimes attached hereto, for the purpose of handling affairs in the same way, and immediately transmit the forged information to the Jeju Provincial Police Agency and the person in charge of the Jeju Driver's License Test who is aware of the above writing, as if they were duly formed, and interfere with the legitimate execution of duties concerning the issuance of driver's licenses by fraudulent means.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendants: Articles 227-2 and 30 of the Criminal Act (a point of entry into public electromagnetic records, etc.), 229, 227-2, and 30 of the Criminal Act (a point of excercise of public electromagnetic records, etc.), 137, and 30 of the Criminal Act (a point of obstruction of performance of deceptive duties, and choice of imprisonment)

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing below)

Reasons for sentencing

In recent years from 2010 to 2014, the number of foreigners who visited the Jeju Road Traffic Authority and obtained new driver's license at the examination site of the Jeju Road Traffic Authority, especially China, has increased significantly. This is much more easy, prompt and rapid to acquire the driver's license in Korea than China, and even in China, it is much more efficient in terms of the cost and time to acquire the driver's license in Korea and exchange it with the driver's license in China rather than directly obtaining the driver's license in China. In addition, the place of obtaining the license was particularly the place of obtaining the license, because it was possible for Chinese people to make tourism with the opportunity to obtain the driver's license. This phenomenon caused a big social anti-competence to the extent that the Chinese people have caused the credibility of the "the status of the Jeju driver's license."

As such, as the number of Chinese students wishing to obtain a driver's license in the Republic of Korea increases significantly, some driving schools were able to make a series of procedures, such as education of classroom subjects, written examinations, skills tests, and road driving, to hear Chinese students who want to obtain a driver's license within a short travel period, and the problem was that they were used in an unlawful way as in the instant case. In the instant case, the instant driving school not only assigned departments and skill training for 7 consecutive hours without any hour to ensure that Chinese students can complete all education on a day, but also entered them in the school affairs management system by including the subject education time to the extent that they do not actually receive education, such as the facts stated in the judgment.

The acquisition of a driver's license for a graduate-speeded foreigner mobilized by such illegal means is likely to cause a big threat to the safety of traffic at home and abroad. In fact, the number of traffic accidents occurred in Jeju area, especially in China, has increased rapidly, and there is criticism that its traffic safety is threatened by so-called "license's nature of Jeju" in China.

As can be seen, the crime of this case is likely to cause a big social strike and harm and the nature of the crime is not weak. In addition to the circumstances, the Defendants’ crime is an act that undermines the reliability of public electronic records, impedes the issuance of driver’s license, and ultimately is likely to undermine the effectiveness of the driver’s license system itself, and the crime of this case was committed for an individual, economic purpose, i.e., increasing the profits of driving schools operated and launched by the Defendants themselves, and the crime was committed continuously and repeatedly over a considerable period of time.

On the other hand, Defendant Kang ○ is an initial crime with no criminal force, and Defendant Lee ○○ has no record of punishment since 1995, Defendant Lee ○○ has no record of criminal investigation by voluntarily accused the instant crime, and considering the circumstances such as the commencement of an investigation by Defendant Lee○○ upon the voluntary accusation of the instant crime, the fact that all the Defendants recognized the facts of the crime, and the degree of their involvement in the crime, including each position and degree of their involvement in the crime, and all the sentencing conditions specified in the records and arguments, including each age, character and conduct, environment, circumstances of the crime, means, and circumstances after the crime, shall be determined as ordered.