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(영문) 창원지방법원 2016.11.25 2016고단3206

위계공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who actually operates the E Company registered in the name of C Co., Ltd., his wife, and F is a regular manager of C Co., Ltd., and G as a search director of C Co., Ltd., and F and G are taking charge of the work related to the establishment of H Day.

The Defendant, in order to carry out a J project under the National Land Planning and Utilization Act, owned land equivalent to at least 2/3 of the area of land subject to a project, and owned by E in order to satisfy the requirements for consent of at least 1/2 of the total number of landowners, held title trust in the name of G, and opened a false appearance, which satisfies the requirements for consent of at least 1/2 of the total number of owners by having G consent to the implementation of the project, and obtained the designation of a project implementer and the approval of an implementation plan from the Changwon, and subsequently conspired with G to transfer the ownership of the land under title trust to E corporation.

Accordingly, on May 14, 2013, the Defendant, along with F and G, submitted a copy of the written consent of G name and the written approval of the implementation plan of the N Project (hereinafter “instant project”) to the public official in charge, who is a public official of the Changwon-si, Changwon-si, Seoul Special Metropolitan City, and submitted a copy of the written approval of G name and the written approval of the implementation plan to designate and dispose of the implementation plan of the instant land from Changwon-si on July 18, 2013 to E, and entered into a sales contract with G on the same day and cancelled the registration of transfer of ownership in the name of G.