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(영문) 창원지방법원 진주지원 2017.06.08 2017고정115

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

Although a small-sized construction machinery operator's license can obtain a license as the completion of prescribed educational courses on the operation of small-sized construction machinery conducted at an educational institution designated by the city. However, the Defendant received a certificate of completion of education issued unlawfully by the head of the private teaching institute D as the Defendant did not complete all the theoretical and operational training necessary for obtaining a license for a small-sized construction machinery operator's license for less than three tons from the private teaching institute in Jinju City from January 2, 2016 to September 2, 2016.

Therefore, on January 11, 2016, the Defendant submitted a false certificate of completion of education issued by the above D to a public official in charge of being aware of the fact at the 12-year office construction management team of the South-west Sea, South-west, South-west, and South-west, the South-do Office of Construction and Management issued by the said D, and received a non-exclusive license for small construction machinery (to have a small construction machinery).

Accordingly, the Defendant, through fraudulent means, was involved in the performance of duties by the public official in charge of issuing construction machinery, and at the same time, obtained construction machinery pilot licenses

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 copy of an education course on the operation of small construction machinery, a certificate of completion of the education course on the operation of small construction machinery, a copy of the call call of the sender, and a copy of an application for

1. Application of the law to the copy of the case transfer document

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;